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pre-nuptial and bankruptcy

I owned a buisness that was under sole propriotore ownership. I had to file for personal bankruptcy to get out of a failing buisness. I had gotten engaged prior to this and we wanted to keep the wedding date on the same date.We feared that his income and mine combined (with a new job) would cause my monthly surplus income to go up. We sought legal advice seprately concerning this issue and they both said that where our pre-nuptual agreement and our verbal agreement stated we are seperate earnings that do not benefit from each other. We assume our own debts, bills, assets,. My Licensed Insolvency Trustee can not show me any cases similar to mine and insists that the surplus income will go up and must. We are classified as a two family unit according to this. But in actuallity, we are seperate earnings and households according to our lawyers. I am confused because this deals with family law and bankruptcy law. I need the right information, or will I have to go to court to let the judge decide if the pre-nuptual overrides the surplus income issue? ARRRGh, Very frustrated. By the way, we did marry last weekend July 29th and the pressure is really on now.

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One Response to “pre-nuptial and bankruptcy”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

This is a very complicated question, and one that I haven’t been able to find any case law on either. The way the Bankruptcy Act reads is that any household income needs to be factored into this calculation and as a result this is something that a judge is going to have to decide. My interpretation is that a prenuptial is something that typically lies dormant until a relationship is dissolved and therefore in this particular situation and as a result you would be bound by the surplus guideline just like any other situation with multiple people living in the household.