Should my fiance file for bankruptcy?

Question

I have really good credit. My fiance made some really bad decisions in the past and has terrible credit. (credit cards, overdrawn bank account car loan .....) We are buying a home . We are planning on getting married next year. I am wondering would it be better for him to consolidate his bills and us try to pay them off or should he just file banktruptcy? We plan on doing something before we get married. We dont have any savings and I have a child and he has three from a previous marriage that he pays support for. My concern about debtconsolidation is that we wont be able to make the payments with everything else we are having to take care of. How bad is a debt consolidation or bankruptcy going to look when we do tie the knot if I have really good credit. Also what kind of affect does that have if any on employment?

I am already buying a home so that is not an issue

I am also being told that chapter 7 and chapter 13 affects your credit in the same way and tat both stay on there for ten years

He no longer has credit cards or bank accounts. All of these things on his credit have been on there since before I met him. I asked for financial advice not for someone to make negative comments about bad decisions made in the past. As for having a budget we already live togather and pay all the bills togather We already have a home that we are buying.

We both work. Who doesnt?

Answer 1

It would be better for you both if he tried to consolidate his bills and pay them off. Bankruptcy is definitely worse than debt consolidation to a creditor's eyes. And once you're married creditor's will be looking at you and your fiance together. Also, bankruptcy's are starting to be looked at by employer's or potential employer's. I have included a link to bankruptcy's

Answer 2

I was on the same situation and this site helped me PROTECTIONQUOTING.NET-

RE Should my fiance file for bankruptcy?

I have really good credit. My fiance made some really bad decisions in the past and has terrible credit. (credit cards, overdrawn bank account car loan .....) We are buying a home . We are planning on getting married next year. I am wondering would it be better for him to consolidate his bills and us try to pay them off or should he just file banktruptcy? We plan on doing something before we get married. We dont have any savings and I have a child and he has three from a previous marriage that he pays support for. My concern about debtconsolidation is that we wont be able to make the payments with everything else we are having to take care of. How bad is a debt consolidation or bankruptcy going to look when we do tie the knot if I have really good credit. Also what kind of affect does that have if any on employment?

Answer 3

It won't effect employment. It will effect the price of car insurance, the home mortgage and everything else.

There's something else to remember. When you get married his debts become your debts too. If he hasn't changed his spending habits then you are looking at a lifetime of debt and financial difficulties. You may be lucky to even get a mortgage.

Think about it. The mortgage company knows that you have to furnish a home. Why would they give you a mortgage if the next thing your going to do is go into debt further when you furnish the home.

Change his spending habits before you get married. You may believe that love is stronger than anything but most marriages fail because of money issues.

Debt consolidation and bankruptcy are going to make his credit rating even worse than it is.

Here's what you have to get him to do.
1. Create a written zero dollar budget. Give every dollar an name and a mission. Budget for food , lights, all the essentials, then his debts. Make him swear to stick to the budget.

2. Put 1000 dollars in an emergency fund. An emergency fund doesn't mean new car tires. You can plan for that. This will help keep Murphy away. Do this first. There's no sense in hitting his bills hard if when Murphy comes, and Murphy always does, that he has to charge on emergencies.

3. Cut up the credit cards.

4. List his debts smallest to largest. Pay the minimum on everything but the smallest. Pay extra on the smallest. When the smallest is paid off then use that money plus the money he sends to the second smallest to knock that one out. Continue this snowball until all his debts are paid off.

Have this process in place and moving and, ideally completed, before you get married. Certainly before you decide to buy a home.

Like I said, his debt problem becomes your debt problem when you get married. Your interest rates will be higher because of his mistakes. You will argue about money.

Neither bankruptcy or debt consolidation will change his spending habits. Most people go through either then just wrack up debt again. He has to change his thinking on spending. Don't accept promises or excuses. Accept action.

Good luck

Answer 4

I always like to tell my clients that bankruptcy should be a last resort; however, every situation is different. For some folks, it really makes the most sense.
Be aware that if he files bankruptcy soon, he would not be able to be on the mortage loan. Most reputable lenders will want to see a bankruptcy discharged for 2 years with reestablished credit. What I mean by reestablished credit is he would have to start over with his trade lines. Make on-time payments and not default. Not even a hiccup. When it comes to mortgage lending, if you want to use both people's income, both people's credit must be in line. (so you couldn't use his income and your credit, for example).
Also be ware that a bankrupcty absolutely destroys your (his) credit. It will stay on the report for 10 years and he will be subjected to high interest rates for a long time.
Consolidation looks better from the lender's point of view. If you go to a reputable credit counselor, they will not make the consolidation payments more than what you can afford. That doesn't make sense to put you further in dire straits. As Spiffman said, CCCS is a good option if there is one near you.
As far as eomplyment is concerned, imprefect credit is an issue if the person is seeking a position in the banking, investment, or business industries. They will want to see someone who can lead by example, so to speak. Also - city, county and state jobs often run a credit check to see if there is any back child support owed. They have a zero tolerance for that...so if the support was turned over to collections, that's bad news. Many other employers pull credit to check , but the aforementioned scenarios are more critical for good credit than others.
Good luck!

Answer 5

Well with the new laws on Bankruptcy, a chapter 7 is harder to get and a chapter 13 is pretty much like debt consolidation, you will have to make payments for 5 years plus have bankruptcy on his report. Debt consolidation will work with the creditors to get lower interest rates, and maybe none at all and even get them to reduce the debt. Don't worry that you will be able to pay all the bills. They won't make the payments more then you can afford. The best thing to do is to go to a non profit debt consolidation. Then go get a bankruptcy lawyer see if he qualifies for chapter 7 or if he needs chapter 13. I say see debt consolidation first because you might choice chapter 13 with out checking out debt consolidation because you might just want to get it over with and be persuaded by the lawyer to do chapter 13. I do feel that is the best bet.

Answer 6

Well, there are two kinds of bankruptcy, Chapter 7 and Chapter 13. In Chapter 7, everything will be wiped out, but it will ruin his credit for a good 7-10 years and make it very difficult for him to get a home loan for at least 2-3 years and even then, the interest rates would be higher. In Chapter 13, he stays in bankruptcy for about 3 years, making payments to the Trustee to pay back as much of the debt as he can. After the allotted time, he'll be free of the debts. This will also ruin his credit for a number of years, but not as bad as Chapter 7. Debt consolidation you have to be careful to get a good company, then, they'll help him pay it off. This would be much better for his credit, especially if he sticks to it and pays it off. Personally, I think this is the best plan, b/c credit is important and I believe people should pay their debts.

Whichever he chooses, he should do it BEFORE you get married, so as not to mess up your credit. I don't know what state you are in, but in some states, his credit could affect you.

If you are planning to buy a house, be prepared for the eventuality that you will have to qualify for the loan alone and you should put it in your name only. Is your job/income good enough for that? I wouldn't do joint credit with him for a long, long time. And keep seperate accounts so that creditors can't get your money, although if you help him shelter his money, they could come after you. You need to consult an attorney in your state to find out exactly what your fiance's creditors could get from you if you get married. You may need to postpone until he gets his credit in order.

Answer 7

the government changed the bankruptcy laws not too long ago so it's a bit harder to file for bankruptcy nowadays. his debt will impact you if you decide to open joint accounts, this includes loans for a car or home. if you are planning on buying a home, you should just do it on your own because you're the one with the good credit. you would get a better interest rate. if he's included, you would get a very high interest rate. as his credit improves, you can certainly add him to the title of the house later on. some employers now run credit reports, but my understanding is that they are more concerned over whether you owe the irs. he may have to go with debt consolidation since he may not qualify to file for bankruptcy.

Answer 8

Not really enough info to give decent advice....but here are some observations.

You are already getting your finances tangled together to a point that if he does file for bankrupcy it's going to really get complicated.

And do you have a job? If he is the only breadwinner, and he files for bankruptcy, that will take off some of the debt. But in the future, when you BOTH try to get credit, his BK will shoot it down.

Your good credit doesn't mean a thing because you don't have a job or income. So any loans you get will have to be joint, and include him. That's going to make it difficult.

I'm a good listener if you want to pass me some additional info and I'll give some recommendations.

Answer 9

No... pay your debts. You cannot just walk away when things get tough. You hurt the economy. Further, the bankrupcty laws hace changed... you have to still pay back bills in the end. yes it hurts your credit and employers will not always hire you. Because it shows you are irresponsible.

Dont do it...... just pay them. Debt consolidation cost you way more in the end.

Here is what you do... start with your highest INTEREST debt.. put extra on that ONE bill first.....when its paid off use that exact amount that you were paying each month on that bill and apply that to the next debt with the highest interest. Then when that is paid off take that exact amount you were paying and nail the next one.

You will be soo surprised how FAST you can pay stuff off that way. You will be doing the right thing and you will learn a lot from it.'

Do the right thing.

Answer 10

I would try contacting Consumer Credit Counseling Services first. They are free and will work with his creditors to lower both his monthly payment and his interest rates. I used them several years ago and was debt free in 36-months.

This will not look near as bad as bankruptcy on his credit and since you are required to go through 6-months of credit counseling before you can file for bankruptcy anyway, it's a good place to start.