A bankruptcy filing during divorce may seem like a smart move. However, it can get very complicated because these are separate proceedings that will nevertheless have an impact on each other. From a legal standpoint, it delays the state divorce proceedings because the courts cannot decide on the property while federal bankruptcy proceedings are going on. A Chapter 13 bankruptcy petition might be rejected if the divorce court gives a decree and then you are behind on your child support or alimony payments.
Would you like more information regarding bankruptcy and divorce? Our lawyers are here to help and to answer any questions you may have. Contact a divorce law attorney in your area today to learn more about obtaining legal representation in your divorce.
Listed below are the main issues to think about when filing for both bankruptcy and divorce:
The automatic stay on initiation of any new proceedings by creditors applies to your ex-spouse and the divorce court. However, some divorce-related debts cannot be held off or "discharged" by a bankruptcy filing. When you exit from the bankruptcy process, you will still owe spousal and child support.
There are some benefits, such as getting rid of common debts that were taken on as a couple. These will end up at your ex-spouse's doorstep if you seek bankruptcy protection. Your spouse could still haul you back to divorce court and ask to be compensated, but you have a good chance of winning here, too, if you are already meeting spousal support payments and have just come out of bankruptcy.
Are you involved in a bankruptcy dispute during your divorce or do you have questions that need answers? Our lawyers are here to guide you! Contact a divorce attorney near you as soon as possible for more information about obtaining legal representation in your divorce.
Did you know?
If you file for divorce after filing for Chapter 13 Bankruptcy, you may have to bifurcate the bankruptcy filing.
If a couple in the middle of a bankruptcy files for divorce and then cannot agree on who will pay which debts, they have to ask the bankruptcy court to split the case into two cases.