Can I file bankruptcy for shared debts during a divorce? 26 Answers as of September 29, 2011

If you have joint debt, the bankruptcy filing of one spouse only will not prohibit a creditor from pursing the non-filing spouse. The eliminate joint debt, each party will likely have to file for bankruptcy protection.

You can file for Bankruptcy either before or after your divorce is finalized. I would not, however, recommend filing alone if you are in the process of a divorce. If you must file now, it is best for you and your husband to file together (it will leave you both with one less thing debt to fight over in the divorce). If you must file alone, you should wait to file until after the divorce is finalized just be certain your separation agreement / divorce judgment, specifies that you each are responsible for your own debts, and not for any of each others debts. Your bankruptcy will wipe out YOUR liability under the joint debts, but not your husbands debts. If you file separately, he will still be liable for the debts.

It would be a wise thing for both of u, given the situation u outline, to file for bankruptcy as a married couple now. That way u can both get a fresh state and will not spend anymore money payind down bills (like. Refit card debt and medical bills) that will be fully written off in bankruptcy anyway.

You may always file a Bankruptcy individually to discharge all debt in your name. If you want all of the debt discharged for your husband as well, he would need to file. Or, you can file together before you divorce (you must be legally married in order to file together, and it is the same price to file together or individually if you are married). If your question is solely whether you may discharge all debt in your name by filing alone, the answer is yes.

You both may file while you are married; otherwise, you will discharge only your debts.

Your bankruptcy will only discharge your debt. Your husband's debts will not be discharged and the creditors will collect from him any joint debt.

Even though you are going to get a divorce, you would both need to file bankruptcy to get rid of all the debt. If only you file, then the creditors will pursue collection against your husband regardless of your marital status.

He does not have to file now. He might well want to, since it is always desirable, for both spouses, to file before the filing, but he doesn't have to. You would want to file before the divorce so you don't have any issues regarding the debts being awarded to one or the other spouse which can bring up dischargeability issues. This is getting a bit technical, but suffice to say, if you were going to file, file before the divorce. If he wants to join you, he can, if not, you may file by yourself. Hope that helps..if you need more info, feel free to contact me.

If you file you can remove your liability, but your husband will still be liable. You can still both file even if you are going to get a divorce soon. You would file jointly and state that you are living seperately.

You can either file together before your divorce or separately after your divorce. If you have a civil relationship, filing together may be cheaper. It is best for both of you to file so you both are free of debt. You can figure out which strategy works best as far as eligibility based on income.

If the debts have his name on them and he does not file, he will still owe those debts. Worse, the divorce court may assign you responsibility for some of his debts incurred during the marriage even though you filed for bankruptcy protection. You need an experienced bankruptcy attorney to help you determine the best way to address your debts.

If you file prior to the award of property, then your bankruptcy covers all community property and debt. If you wait until after the property is divided by court order, then you only cover your separate property and debt.

If you file alone, any debt he owes is not discharged just because you filed bankruptcy and the creditors can go after him for that debt. For him to be relieved of those debts, he would have to file as well. It also makes it easier in the divorce if both have filed as there is no issue as to who is taking which debts as they have all been eliminated.

A divorce's separate bankruptcy will not protect a liable ex-spouse. This is a common-yet tricky-scenario that merits a bankruptcy consultation by both parties. On a case by case basis, one must consider the ramifications of filing before or after divorce.

The divorce and bankruptcy affect each other. If you file alone, and discharge a debt, and the divorce court still orders you to pay it, you may owe it anyway. You need a good lawyer with expertise in divorce and bankruptcy. Any misstep could prove very costly. The best result will be if your spouse cooperates.