QUESTION

Can a married woman getting a divorce file bankruptcy?

Asked on Jul 25th, 2011 on Bankruptcy - Iowa
More details to this question:
Im wanting to divorce my husband and I know I don't want any debt! So I would like to file bankruptcy as soon as possiable so I dont end up with debt!
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2 ANSWERS

William/J Joanis
A married woman can file an individual bankruptcy case.  But why wouldn't you want to see what the divorce was likely do to your debt?  In any event, you should coordinate your bankruptcy and divorce. The divorce may result in debts being allocated to one or both spouses and the bankruptcy will not relieve a debtor from an obligation imposed in the divorce.
Answered on Aug 18th, 2011 at 11:17 PM

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General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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Any person can file bankruptcy (but may not receive a discharge of debts if certain procedures are not followed).  A married woman can file bankruptcy, even if she is getting a divorce.  The question would be whether it is smarter to file for bankruptcy before or after the divorce is granted.  I have an extensive discussion on my website concerning this issue.  http://www.robertpetersonlaw.com/Firm%20Info/Practice%20Areas/Bankruptcy.aspx .  I would contact an attorney to discuss the pros and cons of filing before or after divorce.  Bankruptcy often accompanies divorce since the family unit is separating and there are often extensive bills that now must be paid from one paycheck versus two.  One advantage of filing prior to bankruptcy is that both parties can still file as a married couple.  This would mean one filing fee, one set of paperwork to file, and double the state exemptions in many cases.  Most property settlements, child support, and alimony are not dischargeable in a divorce so there is little risk in having these settlements discharged in a bankruptcy after the divorce.  Often though, debts are ordered to be paid by one party in the divorce, and may not end up being paid.  There are few ways to remove the innocent party from a bill, because the creditor is not a party to the divorce. Bankruptcy would eliminate the spouse from the bill either pre- or post-divorce, but the pre-divorce bankruptcy might be a cleaner action.  Incomes may dictate whether the bankruptcy should be pre- or post-divorce.  Too high of a family income might prevent a Chapter 7 filing before the divorce.  I'd highly suggest discussing the pros and cons with your divorce attorney.
Answered on Aug 18th, 2011 at 2:47 PM

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