QUESTION

How can bankruptcy affect divorce?

Asked on May 13th, 2015 on Bankruptcy - Washington
More details to this question:
I am currently in the process of getting divorced, and I think I am going to have to file for bankruptcy before the divorce goes through. Will this affect my divorce? Should I try to hold out until the divorce is over? I am afraid I will not get my fair share of our property because of my financial situation.
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5 ANSWERS

This is no time to cut corners. Call an experienced BK lawyer and pay them for one hour of their time. There are about a half hour worth of questions the lawyer needs to ask you to give you proper guidance.
Answered on May 19th, 2015 at 2:45 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Usually, it makes sense to file bankruptcy after the divorce, that way if you get stuck with paying a property settlement or some of the marital debt, that debt will be discharged
Answered on May 14th, 2015 at 1:25 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would speak your divorce attorney, and if you do not have one get one immediately. You should also be conferring with a bankruptcy attorney about your options. Most assuredly a bankruptcy can effect the property settlement in a divorce, and in Michigan, a number of the obligations which may be imposed upon you in the divorce decree may not read dischargeable. Do it right.
Answered on May 14th, 2015 at 1:19 AM

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This kind of question comes up very frequently. If you live in a marital or community property state such as Wisconsin, most of the time filing for bankruptcy jointly, which of course means before the divorce is final, is likely to be more economical, since you will be getting rid of most of your debt, and have that much less about which to disagree. Also, debts for domestic support allocated by a divorce court even after you file for bankruptcy can be excluded from the discharge. But if both spouses file, the creditors are left with no one from whom to collect. Consult with your bankruptcy lawyer and you should definitely have one. If s/he also does divorce, even better. Good Luck.
Answered on May 13th, 2015 at 4:05 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Your fair share of assets and debts is what the divorce is about. If you're going bankrupt on community debts, there would be value is both of you filing for bankruptcy so that neither one of you is stuck with the debt after the bankruptcy is granted.
Answered on May 13th, 2015 at 3:20 PM

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