Can I file bankruptcy while going through a divorce? 23 Answers as of June 11, 2013

Can I file bankruptcy with a property (house) and currently has an ongoing divorce?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Yes. To see if bankruptcy is your best solution, I will need more detailed information regarding your assets, debts, income and expenses. Please call me for a free consultation.
Answer Applies to: California
Replied: 5/17/2011
Benson Law Firm
Benson Law Firm | David Benson
Yes, you can file a bankruptcy case while going through divorce. A part of your divorce case would be stayed during the pendency of the bankruptcy (e.g., any distribution of property), but other issues may proceed in spite of the filing (e.g., child support orders).
Answer Applies to: Ohio
Replied: 4/8/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Once a BK petition is filed, it immediately operates as an automatic stay to protect the debtor from certain actions including: 1) beginning or continuing judicial proceedings against the debtor; 2) actions to obtain the debtor's property; 3) actions to create, perfect or enforce a lien against the debtor's property; and 4) set off indebtedness owed to the debtor before the BK filing.
Answer Applies to: Washington
Replied: 4/7/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
You should consult with an attorney, or your divorce attorney if you have one. Filing bankruptcy concurrently with a divorce can be complicated. Quite often, filing bankruptcy will bring the divorce to a stop because the estate is frozen by the bankruptcy court. It also depends on the laws of your state and what you intend to do with the house in the divorce, etc.
Answer Applies to: California
Replied: 4/5/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, that is entirely possible. Find a lawyer at NACBA.ORG.
Answer Applies to: California
Replied: 6/11/2013
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    The short answer is yes you can file chapter 7 bankruptcy or chapter 13 bankruptcy while going through a divorce. There may be reasons to wait to file after the divorce decree is entered, especially if you are still living with your spouse. Talk to an experienced bankruptcy lawyer before filing for bankruptcy and before entering into any separation agreement in divorce, as there are pitfalls to be avoided.
    Answer Applies to: Colorado
    Replied: 4/1/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    You can always file an individual bankruptcy during a divorce. You must list your spouse as a co-debtor, if the spouse is joint on any debts.
    Answer Applies to: California
    Replied: 4/1/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    You can file Bankruptcy while going through a divorce but it will complicate the divorce and the bankruptcy. You need to speak with an attorney to discuss what you should do in your specific case.
    Answer Applies to: New Hampshire
    Replied: 4/1/2011
    DiManna Law Office, LLC.
    DiManna Law Office, LLC. | Dawn DiManna
    Yes, but your divorce will be put on hold as a state court cannot make property division decisions given the bankruptcy automatic stay.
    Answer Applies to: New Hampshire
    Replied: 3/31/2011
    The Carmichael Firm
    The Carmichael Firm | Booker Carmichael
    Yes you can.
    Answer Applies to: Louisiana
    Replied: 6/11/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes but the distribution of property and allocation of debts in the divorce will be delayed until the bankruptcy case is closed. In many cases it is a lot cheaper to file the bankruptcy case and get rid of the debts before the divorce. Married couples can file jointly even if separated so long as they are willing to cooperate with the same lawyer for.both and not strangle each other. This will be a big savings because generally the attorneys' fees will be the same for one as for both and only one court fee will need to be paid. It will simplify most divorces with regard to the distribution of marital property and debts. You can then concentrate on issues of support and custody that must be resolved by the family law court.
    Answer Applies to: California
    Replied: 3/31/2011
    Law Office of Eric Ridley
    Law Office of Eric Ridley | Eric Ridley
    Yes, you can file while going through a divorce. Please feel free to call or email privately and I'll see what I can do.
    Answer Applies to: California
    Replied: 3/30/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. Attorney is licensed in Alabama only. This writing does not constitute "legal advice" nor does it start an attorney-client relationship.
    Answer Applies to: Alabama
    Replied: 6/11/2013
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    There is no reason why you could not file.
    Answer Applies to: Virginia
    Replied: 3/30/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You can file a bankruptcy while going through a divorce. However, you need to know what the results will be. You need advice from an attorney who knows both bankruptcy law and divorce law. I can assist you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 3/30/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes you can, although depending upon your situation, it might be better to wait until your divorce is finalized. If you are in my area, please contact me for a free consultation. My areas of practice are bankruptcy and family law, so I can help you make the best decision for both matters.
    Answer Applies to: California
    Replied: 3/30/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You may file. In fact, I urge you to consult an experienced bankruptcy attorney before you sign any settlement or let the divorce reach the final decree stage as your rights to discharge certain debts may be changed in settlements or Court orders. Oftentimes, it is wisest to file for bankruptcy before or during a divorce, not after. The fact that you have property only matters if you have equity, which may be protected under the law, depending on your age, income and/or whether you have your spouse or children living with you. Call us for a free initial consultation.
    Answer Applies to: California
    Replied: 3/30/2011
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