QUESTION

Should husband file bankruptcy before or after our divorce and will his bankruptcy status affect me?

Asked on Aug 29th, 2016 on Bankruptcy - Nevada
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8 ANSWERS

Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Not enough information to reply. See a Family Law or Bankruptcy attorney.
Answered on Sep 23rd, 2016 at 5:39 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The main impacts of bankruptcy on divorce are that: - a bankruptcy discharges the bankrupt spouse from any liability on joint debts making these debts the solely the obligation of the non-filing spouse. - a bankruptcy will eliminate any property settlement due from the bankrupt spouse to the non-filing spouse. - a bankruptcy will eliminate the bankrupt spouse's obligation to pay debts of the non-filing spouse under the divorce decree (for example, the bankrupt needed a car but had bad credit so the non-filing spouse bought the car and is solely liable on the loan, the divorce decree assigns the car to the bankrupt spouse and requires that the bankrupt spouse make the payments - filing bankruptcy would supersede the divorce decree and eliminate the bankrupt spouse's obligation to make the car payments). Bankruptcy does not eliminate the bankrupt spouse's obligations for support, that is, child support and alimony. In order to determine what the effect is on the non-filing spouse and whether the bankrupt spouse should file before or after the divorce case, depends on the situation in each case.
Answered on Sep 22nd, 2016 at 6:25 PM

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Bankruptcy does not effect child support or alimony but it does effect a property settlement.
Answered on Sep 21st, 2016 at 5:56 PM

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Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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If your husband files for bankruptcy while you're still married, your accounts could be affected, particularly if he files jointly with you as a co-debtor. If the two of you are planning to divorce, and he's not in immediate financial peril (facing foreclosure or imminent garnishment of his wages), it's probably a good idea for him to delay filing for bankruptcy until after your divorce has been finalized. Ultimately, it would be worthwhile for you to consult with an attorney about your rights and options in this scenario.
Answered on Sep 21st, 2016 at 5:56 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The decision of when to file bankruptcy is complex as it whether or not the filing would affect a spouse. How can you possibly expect an answer when you provide so little information?
Answered on Sep 21st, 2016 at 5:56 PM

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Filing bankruptcy before or during the divorce will stall the divorce proceedings.
Answered on Sep 21st, 2016 at 5:55 PM

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I would suggest you meet with a lawyer face-to-face. This is like asking a doctor online a questions like this: "I get migraine headaches about every other day. I'm healthy (I think). Do I need to be concerned?" I think you get my drift. More information is needed to intelligently answer your questions.
Answered on Sep 21st, 2016 at 5:54 PM

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Bankruptcy Attorney serving Las Vegas, NV
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After. If he files before then all your assets come in as community property.
Answered on Sep 21st, 2016 at 11:39 AM

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