QUESTION
Can a person file bankruptcy during a divorce?
Asked on Apr 02nd, 2012 on Bankruptcy - Massachusetts
More details to this question:
Going through a divorce and my husband is filing bankruptcy, can he do this?
15 ANSWERS
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
Yes.
Answered on May 30th, 2013 at 2:28 AM
Daniel James Wilson
Yes.
Answered on May 30th, 2013 at 2:27 AM
Yes.
Answered on May 30th, 2013 at 2:27 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
Yes.
Answered on May 30th, 2013 at 2:26 AM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
Yes.
Answered on May 30th, 2013 at 1:37 AM
Yes, it may or may not be a good idea to file during divorce but certainly somebody can file bankruptcy during divorce.
Answered on Apr 11th, 2012 at 12:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, he can file bankruptcy and it can have major impact on you divorce. You need counsel.
Answered on Apr 04th, 2012 at 10:39 AM
It is possible, but difficult. Unless it is absolutely necessary, you should wait until the divorce is complete before filing for bankruptcy. Otherwise, your petition may require significant cooperation from your soon-to-be-former spouse, such as declarations regarding assets and income.
Answered on Apr 04th, 2012 at 10:37 AM
Bankruptcy Attorney serving Concord, CA
at
William Rubendall Attorney at Law
Update Your Profile
A married person can file bankruptcy before, during or after filing for divorce.
Answered on Apr 04th, 2012 at 10:19 AM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes, whether it is wise to do so is another question.
Answered on Apr 04th, 2012 at 10:17 AM
John R. McNeal
Yes...but it may cause problems with equitable division of the marital estate and result in a dismissal of his filing.
Answered on Apr 04th, 2012 at 10:16 AM
In Utah, the answer is yes. A party may file for divorce and a seperate action for bankruptcy. Often times, many divorces lead to a bankruptcy by one or both of the parties concerning the debts accumulated during the marriage.
Answered on Apr 03rd, 2012 at 2:43 PM
Business Bankruptcy Attorney serving Raleigh, NC
at
J.M. Cook, P.A.
Update Your Profile
Yes, he does not need your consent to file bankruptcy.
Answered on Apr 03rd, 2012 at 2:34 PM
Yes, unfortunately he can. Be sure to notify your divorce attorney as this may be a factor now in your divorce decree.
Answered on Apr 03rd, 2012 at 1:40 PM
It is fairly common for bankruptcy and divorce to occur in conjunction. Your divorce attorney should be monitoring the process and advocating on your behalf for any joint debts or other potential liabilities to you. Often when one spouse files for bankruptcy in conjunction with divorce, the other spouse files as well to avoid being saddled with all of the debt. Your divorce attorney can advise you on the best course of action.
Answered on Apr 03rd, 2012 at 1:40 PM