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Bankruptcy and Major Life Changes: What to Know if You're Pregnant, Newly Married, or Starting a Family

 Posted on July 07, 2025 in Bankruptcy

San Antonio, TX bankruptcy lawyerLife rarely follows a perfect script. One minute, you are planning a wedding, preparing for your first child, or getting used to the rhythms of married life. The next, you are staring at credit card statements, medical bills, or student loans you cannot keep up with. For many people across Texas, these life milestones come with deep joy but also financial pressure. If you are considering filing for bankruptcy during one of these major transitions, you are not alone and you are not out of options.

An experienced Schertz, TX bankruptcy attorney can help you understand whether bankruptcy is the right step for you and what kind of protection it offers during vulnerable times like pregnancy, early parenthood, or newly married life.

Can You File for Bankruptcy While Pregnant or After Having a Baby?

You can file for bankruptcy while pregnant or after giving birth. There are no restrictions based on pregnancy or parenthood. In fact, many people choose to file during this time because of growing medical debt, reduced income, or the need to prioritize expenses for their baby.

If your financial stress is affecting your ability to prepare for your baby, or if the added costs of formula, childcare, or housing are tipping you into the red, bankruptcy may offer relief. Chapter 7 bankruptcy can eliminate many types of unsecured debt, like credit cards and medical bills, in just a few months. This can give your family room to breathe and rebuild.

It is also worth noting that bankruptcy filers must pass a "means test," which compares your income to the median for your household size in Texas. If your family is expanding, you may qualify more easily for Chapter 7 based on your adjusted household size and expected income drop during maternity or paternity leave.

Filing for Bankruptcy If You Recently Got Married

Marriage changes your financial life, and it also affects how bankruptcy works. If you file for bankruptcy after getting married, your spouse’s income will likely be factored into your eligibility. However, that does not always mean you must file jointly. You can file individually or together, depending on your goals and what debts you are trying to discharge.

Some common scenarios include:

  • One spouse had significant debt before marriage, and the other did not

  • Medical bills, credit card debt, or personal loans were taken out in only one name

  • You are worried about protecting a spouse’s credit during bankruptcy

If you and your new spouse are struggling to build your life together because of overwhelming debt, a bankruptcy filing can offer a clean slate. Filing together may discharge debts for both of you, while filing separately might allow one spouse to preserve their credit for future goals like buying a home or car. An attorney will walk you through how community property laws and exemptions apply to your case, including how jointly owned assets are treated.

Does Bankruptcy Erase Student Loans?

Student loans are a major financial burden for many young couples, especially those who got married before finishing school or starting new careers. Unfortunately, student loans are not automatically discharged in bankruptcy. To eliminate them, you must prove that repayment would cause you "undue hardship," which is a high and difficult standard in most courts.

However, just because your loans will not be wiped out automatically does not mean bankruptcy will not help. If credit card debt, old medical bills, or other unsecured debt is holding you back, filing for bankruptcy can remove those obstacles and free up your income to pay down your student loans. In some cases, clients find that bankruptcy gives them enough financial stability to revisit student loan payment plans, apply for deferments, or qualify for forgiveness programs.

Your attorney can also review whether you may qualify for a hardship discharge and help you file the appropriate adversary proceeding, if needed.

Will Bankruptcy Affect Your Ability to Raise a Family?

Bankruptcy is not a failure. It is a legal tool to help you recover. In many ways, it can support your goal of building a stable and healthy family life. Once the bankruptcy process is complete, you may find it easier to manage your monthly bills, qualify for housing, or get approved for reasonable financing rates down the road.

Texas bankruptcy law also protects the basics you need to raise a family, including:

  • Equity in your home or vehicle

  • Retirement savings

  • Household items and clothing

  • Public benefits such as WIC or SNAP

  • Child support or spousal maintenance income

Because Texas has some of the most generous bankruptcy exemptions in the country, your lawyer can often help you eliminate debt without giving up assets you need for daily life. If you are worried about keeping your car, crib, or savings account, talk to a local bankruptcy attorney before making any big decisions.

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Is Bankruptcy Right for Your Family?

There is no one-size-fits-all answer, but if you are facing sleepless nights over unpaid bills or worried that your child will grow up under a mountain of debt, it may be time to explore your options. You do not have to wait until things get worse. The earlier you speak with a lawyer, the more tools you will have available, including alternatives like debt negotiation, payment restructuring, or Chapter 13 bankruptcy if you have a regular income and want to protect more property.

Talk to a Schertz, TX Bankruptcy Attorney About Your Options

At Law Offices of Chance M. McGhee, we know how overwhelming it can feel to juggle debt and major life changes. Whether you are expecting your first child or newly married and trying to plan a future, our compassionate Kerrville, TX bankruptcy lawyer will walk you through every step of the process. We help families protect what matters most while building a brighter, debt-free future. Call 210-342-3400 to schedule your free consultation and learn whether bankruptcy is the right choice for your family.

You deserve peace of mind as you navigate life’s big moments. Bankruptcy might not be your first choice, but it could be the right one.

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