One spouse’s bankruptcy filing may briefly slow down but will not likely stop an ongoing divorce case. The “Automatic Stay” and Divorce When you file a bankruptcy case, that filing immediately puts the “automatic stay” into effect. This can be one of the most immediate and important ... Read More »
Escaping a Chapter 13 Case Filed Jointly with Your Spouse
If you filed a Chapter 13 adjustment of debts case jointly with your spouse but are now considering divorce, how do you get out of the case? When a Chapter 13 Case Outlasts a Marriage A Chapter 13 “adjustment of debts” case usually lasts three to five years. A lot can happen in that time. If ... Read More »
Considerations about Filing Bankruptcy After Your Divorce If You’ve Filed Before
Think about these special considerations if you filed bankruptcy before your divorce and now need to think about filing another one. In the last blog post we introduced three very practical considerations about filing bankruptcy again if you and your ex-spouse filed a bankruptcy in the past ... Read More »
Effect of Divorce on Filing Bankruptcy Again
The timing rules don’t change if you filed bankruptcy before your divorce and now need a new one. But there ARE some important twists. Divorce is often financially devastating. So, even if you and your ex-spouse filed bankruptcy earlier, before the divorce, you may need to seriously consider ... Read More »
Conditions When Divorcing Spouses Should Consider Filing a Chapter 7 Together
Rarely should a couple consider filing bankruptcy together. It takes a combination of circumstances, and independent legal advice, to do so. Last time we talked about filing a joint Chapter 7 case with your soon-to-be ex-spouse if that is in each of your self-interest. That means, for each of ... Read More »
Can and Should Divorcing Spouses File a Chapter 7 Together?
Under bankruptcy law they CAN file a joint bankruptcy. But often it’s not such a good idea. Sometimes it’s a very bad idea. CAN File a Joint Bankruptcy Case Together A “joint case” is one filed “by an individual... and such individual’s spouse.” “Spouse” is not defined in the Bankruptcy ... Read More »
Divorce and Bankruptcy Q&As
Here are straight answers to some of the most important questions about bankruptcy dealing with divorce. Q: If you and your spouse are considering getting divorced, can you both still file a bankruptcy together? A: Yes, any couple who are legally married you can file a joint ... Read More »
