Does my annulment have to be final before filing for Chapter 7?

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Does my annulment have to be final before filing for Chapter 7?

I filed for an annulment of my marriage of less than a year 1 month ago. I just got notice of a lien on my “real property” from the County. I don’t own anything , but I do expect that my wages have been garnished and I’ve cleared out all my money from my bank accounts. Given that my annulment hasn’t yet been granted, can I file for bankruptcy now? My estranged husband is a high-earner and I wouldn’t qualify for Chapter 7 if his wages are taken into account. I on my own income qualify.

Asked on January 9, 2013 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country as well as federal bankruptcy law, there is no prohibition for you to first have an annulment before filing for Chpater 7 bankruptcy protection. You can wait or file for such protection immediately.


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