QUESTION
Do I need a separate attorney or does his cover both of us for bankruptcy before divorce?
Asked on Sep 09th, 2012 on Bankruptcy - Florida
More details to this question:
We are separated. My husband has quit paying mortgage and credit card. He is going to fill for bankruptcy before we get divorced.
12 ANSWERS
If you are still married, you can file a joint bankruptcy. If you do not, he will be discharged and you will not. You can also hire your own attorney and file your own bankruptcy.
Answered on Sep 21st, 2012 at 3:41 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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That really depends on whether you are in agreement about filing and all of its repercussions.
Answered on Sep 20th, 2012 at 10:30 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Have you spoken to the attorney? He may be filling separately and you may need a lawyer to file for you.
Answered on Sep 19th, 2012 at 8:36 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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His bankruptcy does not address your debts once the divorce is completed. It is very important that you seek your own qualified bankruptcy attorney to determine your rights. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Sep 14th, 2012 at 1:54 AM
Meredith P. Ezzell
No, his bankruptcy does not "cover" you. I would seek my own bankruptcy counsel if you are already separated. Your soon to be ex-Husband can file an individual case that will not discharge your liability for joint debts.
Answered on Sep 14th, 2012 at 1:53 AM
You are eligible, because you are still married, to file a joint bankruptcy. You may use the same attorney. Were I in your shoes, I would ask an independent attorney to evaluate for you whether you need to file at all. If the answer is yes, you do, then using the same attorney as your husband is perfectly permissible, though it is not required.
Answered on Sep 14th, 2012 at 1:53 AM
Real Estate Attorney serving New Port Richey, FL
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Jay W. Moreland, P.A.
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An attorney can file a joint bankruptcy for both of you as long as you are married. An attorney can also file a separate bankruptcy just for your husband. If only your husband files, any debts in your name or joint names will become your sole obligation. One attorney could file your joint bankruptcy, but would have a conflict of interest in representing either of you in the subsequent divorce. By filing a joint bankruptcy before you divorce you can not only pay one filing fee for both of you, but you can also eliminate the marital debts as an issue in your upcoming divorce.
Answered on Sep 14th, 2012 at 1:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should have your own attorney, both for the bankruptcy and the divorce.
Answered on Sep 14th, 2012 at 1:52 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Unless you file with him or without him his bankruptcy discharge will not discharge your liability for joint or individual debts.
Answered on Sep 14th, 2012 at 1:52 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
That depends on if you are filing for bankruptcy. Both of you should file jointly.
Answered on Sep 13th, 2012 at 12:12 PM
Bankruptcy: Creditor Attorney serving Grand Island, NE
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Milner Neuhaus & Judds
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Normally one attorney can represent both spouses in a Bankruptcy, but would then represent neither in a subsequent divorce. It is important for you to seek counsel immediately, because any debt ordered paid by you in the divorce would not be dischargeable in a subsequent bankruptcy.
Answered on Sep 13th, 2012 at 11:55 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should both use one attorney to file bankruptcy while you are still married.
Answered on Sep 13th, 2012 at 11:54 AM