How do I file for bankruptcy while in a divorce? 20 Answers as of June 27, 2012

I want to file for bankruptcy, but all of my joint accounts are being torn apart in the divorce. What do I do? I really need to get rid of this debt before I really lose any more assets.

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Debt Crushers
Debt Crushers | Emily Chase Smith
Talk to your family law attorney, but a bankruptcy can simplify a divorce because it gets rid of the debts. It can cause a "stay" in the family law court which can be tragic if you are working through custody or support issues. Your bankruptcy attorney and family law attorney should work together to make sure you get the best result.
Answer Applies to: California
Replied: 6/27/2012
The Martin Law Group
The Martin Law Group | Yolvondra Martin-Brown
I strongly urge you to file bankruptcy prior to finalizing your divorce. Depending on the amount of debt involved, sometimes it is wise if both parties file. Once a final order is issued in a divorce, the debt is non-dischargeable in a Chapter 7 bankruptcy.
Answer Applies to: Georgia
Replied: 6/26/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you have a divorce going..... see a bankruptcy lawyer ASAP. Once those debts are "awarded" to you there are serious consequences. Get to a competent bankruptcy attorney ASAP.
Answer Applies to: California
Replied: 6/26/2012
Olson Law Firm | Edward M Olson
You really need to speak with a bankruptcy attorney about your situation. Filing a bankruptcy now may make your divorce case much worse.
Answer Applies to: Michigan
Replied: 6/26/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should sit with a bankruptcy attorney so that you do not make it a more difficult divorce and lode assets in the bankruptcy.
Answer Applies to: New York
Replied: 6/26/2012
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    This question is too complex for this forum. Moreover, you do not give enough details about your situation for anyone to be able to start to hazard a guess. Start by talking to your divorce attorney about these concerns.
    Answer Applies to: Wisconsin
    Replied: 6/26/2012
    Danville Law Group | Scott Jordan
    You are entitled to file for bankruptcy as an individual. Usually, however, when in a divorce situation, it is best if both parties file jointly to 1) eliminate debt and 2) reduce the cost of a bankruptcy filing. If that cannot happen, you can file but will need some level of cooperation from your soon to be ex. You should consult with a local bankruptcy attorney to get information on your rights.
    Answer Applies to: California
    Replied: 6/26/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Speak with your divorce attorney and an attorney who understands bankruptcy. If you have neither, correct that error now.
    Answer Applies to: Michigan
    Replied: 6/26/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file the bankruptcy now even though you are in the divorce case. I always think that it is a good idea to have your bankruptcy and divorce attorney plan on the timing and how this is done but it should not be an issue to have both issues move forward at the same time.
    Answer Applies to: California
    Replied: 6/26/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You are permitted to file for bankruptcy while in divorce proceedings.
    Answer Applies to: California
    Replied: 6/26/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You talk to your lawyer. Neither divorce nor bankruptcy are pro se projects and doing to the two together is often very complex. You cannot do this pro se and have a prayer of a decent result.
    Answer Applies to: Georgia
    Replied: 6/25/2012
    Alvin Lundgren | Alvin Lundgren
    You need to talk to an attorney to balance the divorce and bankruptcy.
    Answer Applies to: Utah
    Replied: 6/25/2012
    Steven Alpers | Steven Alpers
    You can file while undergoing a divorce. That would stop division of property in your divorce, but not custody or child support issues.
    Answer Applies to: California
    Replied: 6/25/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    It's no problem to file in the middle of a divorce. I have clients that do it all the time. Find yourself a good, knowledgeable bankruptcy attorney and give them enough information on your divorce to know how to advise you and you should be fine.
    Answer Applies to: Arkansas
    Replied: 6/25/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Divorce can affect a bankruptcy in several ways and bankruptcy can affect a divorce in some ways. Either spouse can file a bankruptcy, but you might be limited to certain exemptions if your spouse doesn't agree to file a spousal waiver allowing the exemptions. Also, the divorce decree will be unaffected by the bankruptcy. The family law judge can order the filer to pay for the non-filer's non discharged debts. As to what assets you can keep there are many considerations. A general discussion won't answer the specific facts of your case. Consult a bankruptcy attorney to discuss the issues and your options.
    Answer Applies to: California
    Replied: 6/25/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can file even in a divorce case. Actually, oftern is better to file the bankruptcy case before the divorce to simply the divorce. Your divorce case will be delayed since the family law judge cannot distribute community property or debts while you are in bankruptcy but your divorce will probably be a lot simpler after you get a discharge.
    Answer Applies to: California
    Replied: 6/25/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You should probably wait until the divorce is final to file bankruptcy. You may be able to file a chapter 7 on your income alone. In Florida a single person with no dependants can make a bit over $40,000 yearly and still file a chapter 7.
    Answer Applies to: Florida
    Replied: 6/25/2012
    Attorney At Law | Harry D. Roth
    Filing for bankruptcy while getting a divorce is pretty much like filing for bankruptcy while married. The difference is that your wife is now your adversary, rather than you and me against the world. Often, if one spouse perceives the need to file bankruptcy during divorce, the other spouse will as well. Consider filing jointly. My suggestion is to go see a bankruptcy lawyer, tell him or her your situation, tell the lawyer as much as you can about your wife's situation, which should be easy as the divorce paperwork and bankruptcy paperwork contain very much overlapping data. Ask the lawyer about filing alone and ask the lawyer about a joint filing. There are some issues with filing a bankruptcy while in the middle of a divorce. If your wife will not agree with the bankruptcy filing, she will complain to the divorce judge that you are leaving her with all the debt. On some level she will be correct. This can be tricky. Usually, it is still a good idea to go ahead with the bankruptcy. Be sure that, no matter what, you put your offer to jointly file the bankruptcy, in writing.
    Answer Applies to: California
    Replied: 6/25/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    This is a very complicated question. It depends on the state where you live and the type of debts that you have. Please understand that 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.
    Answer Applies to: Arizona
    Replied: 6/25/2012
    The Stockman Law Office | Mary Stockman Esq.
    It can be done quite easily.
    Answer Applies to: Florida
    Replied: 6/25/2012
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