QUESTION

I just went through a divorce when can I file a chapter 7?

Asked on Jan 07th, 2013 on Bankruptcy - California
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22 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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You can file chapter 7 bankruptcy whenever you want; your spouse's income did not matter as soon as you could make a declaration of separate households. Even when married, you had the option of filing singly (but if you were living together, your spouse's income would have counted as to means testing, as well as toward current & projected income & budget considerations).
Answered on Jan 10th, 2013 at 12:12 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Whenever it is in your best interest to do so, provided you qualify. Your recent divorce should not be something that prevents you from filing bankruptcy. However, the terms of your divorce may limit the debt you are able to discharge in a Chapter 7. Why not schedule an appointment with a local bankruptcy attorney now?
Answered on Jan 10th, 2013 at 12:11 PM

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Bankruptcy Attorney serving Tarzana, CA at Madaen Law, Inc.
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You can file it when you want it. There is no connection between the divorce and bankruptcy. Also, I charge only $975 for bankruptcy including the courses and credit report. Let me know.
Answered on Jan 10th, 2013 at 12:11 PM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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You can file bankruptcy at any time. But specific timing issues should be fleshed out with a qualified bankruptcy attorney.
Answered on Jan 10th, 2013 at 12:10 PM

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Litigation Attorney serving San Antonio, TX at Graves Law Firm
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Unless there's some other reason why not, you can file immediately.
Answered on Jan 10th, 2013 at 12:09 PM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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You can file at any time. However, I suggest you consult your divorce decree and property settlement agreement to ensure that there is no penalty for filing bankruptcy, such as having to assume half of your ex-spouse's debt.
Answered on Jan 10th, 2013 at 12:09 PM

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Probate and Estate Planning Attorney serving Harrison, MI at David T. McAndrew, Attorney at Law
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Filing for Chapter 7 is not predicated on the entry of divorce. You can file anytime, before or after the judgment of is entered.
Answered on Jan 10th, 2013 at 12:08 PM

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In reply, you file for a Chapter 7 immediately.
Answered on Jan 10th, 2013 at 12:08 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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They are independent actions. You what you need, after seeking counsel.
Answered on Jan 10th, 2013 at 8:35 AM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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If you already got a divorce decree, the rulings in the divorce are something to which you will have to adjust your bankruptcy filing, not something you can alter anymore to improve your situation. You should consult counsel right away to figure out for what chapter you qualify or, if you are aiming to file a Chapter 7 case, whether you qualify now. The best approach is to sit down with an expert and figure out your options whether or not you pull the trigger right away or later. Until you do that, you won't know if you qualify or whether there is something you can do to qualify, etc.
Answered on Jan 10th, 2013 at 7:34 AM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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There is no waiting period after divorce...you can file now.
Answered on Jan 10th, 2013 at 7:30 AM

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Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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You can file at any time.
Answered on Jan 10th, 2013 at 7:23 AM

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Today if you like. Although most bankruptcies are better for you if you'd filed jointly while you we're still married. Domestic support obligations are not dischargeable in bankruptcy.
Answered on Jan 10th, 2013 at 7:23 AM

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Ethics & Professional Responsibility Attorney serving Palm Harbor, FL at Stephen C. Whalen, P.A.
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Whenever you wish.
Answered on Jan 10th, 2013 at 7:15 AM

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Chapter 7 and Chapter 13 Bankruptcies Attorney serving Dublin, OH at Granger Law Firm LLC
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You can file for bankruptcy now that the divorce is final. You should meet with an attorney to make sure you meet the qualifications for Chapter 7 and that you are not in danger of losing any assets.
Answered on Jan 10th, 2013 at 7:02 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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In NJ; there is no prevention by virtue of filing for divorced to prevent you from filing. This does not take into account any stipulations in the judgement of divorce.
Answered on Jan 10th, 2013 at 7:02 AM

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Bankruptcy Attorney serving Buford, GA at Kenneth A. Parker, PC
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You can file now. Here is a list of items you will need to get you started: 1. Your paycheck stubs or other proof of income from July 2012 through the present 2. You tax returns for the tax years of 2010, 2011 and 2012, but you do not have to wait until you file your 2012 return to file. 3. A complete list of creditors.
Answered on Jan 10th, 2013 at 6:59 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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It depends on several things: where you live, the status of the divorce, the status of property settlement; the status of alimony and child support, your non-exempt assets, transfers you made in last 2 years, etc. 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. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jan 10th, 2013 at 6:56 AM

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Insurance Attorney serving Redlands, CA at Orrock, Popka, Tucker & Dolen
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You can file a Chapter 7 at any time. You will need to prepare and file a means test to determine if the presumption of abuse arises. Assuming it does not, you could proceed with a Chapter 7.
Answered on Jan 10th, 2013 at 6:56 AM

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Bankruptcy Law Business Attorney serving Asheville, NC
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Yes. In fact this may be the best time to file.
Answered on Jan 10th, 2013 at 6:56 AM

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As long as all property and support issues have been settled in your divorce, you can file bankruptcy any time.
Answered on Jan 10th, 2013 at 6:55 AM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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You don't have to wait any period of time. If you qualify, you can file right away.
Answered on Jan 10th, 2013 at 6:51 AM

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