Bankruptcy and Divorce – What You Need To Know

The question that we hear the most often from clients regarding divorce is “What should we do first – the divorce or the bankruptcy?”
There’s actually no easy answer for that question. Every situation is unique, so if you’re asking the same question, you should consult with an experienced bankruptcy attorney. Your attorney will be able to look at all the factors and suggest the route that will work best for you.
In general, if certain conditions are present, filing for joint bankruptcy before the divorce will be the fastest, most cost-effective option:
- Both spouses know that they’re going to file bankruptcy
- There are few, if any, assets that would be exempt under bankruptcy laws, so not much will be divided in the divorce
- The emotional situation isn’t so hostile that the spouses wouldn’t cooperate in a bankruptcy proceeding
If one spouse won’t agree to joint bankruptcy
If your spouse won’t agree to a joint bankruptcy, you can still file bankruptcy on your own. When your debt is discharged, the creditors would then start collection efforts for the entire debt against your spouse (since the debt is the responsibility of both spouses). (more…)

Sometimes the simplest things in life can be the hardest to do. The concept of paying an invoice on time is fairly simple, but with life throwing you unexpected curve balls, getting a check in the mail or making a payment on time is sometimes the last thing on your mind. Especially during the huge unknown of COVID, it’s important to stay on top of your bills so you don’t get behind.
Even with many states opened up after the lockdowns caused by the coronavirus, many companies are filing for bankruptcy – several months without income, then slow business and mounting debt are an awful combination.
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Many of our bankruptcy clients come to us with completely out of control credit card debt – but that doesn’t mean they’ve been completely irresponsible. Thanks to higher interest rates and compounding interest, just a few missed payments can put you past a point where it’s nearly impossible to catch up.
Most Americans don’t know much about bankruptcy – they’re limited to the knowledge they get from news stories and online gossip columns. Bankruptcy is much more common that most people realize, with over a million people filing for bankruptcy every year.
Are you a good, honest, hard worker who’s fallen on tough times? It doesn’t take much for most Americans – an unexpected major accident, the sudden loss of a job, a major home repair… Any unexpected major expense can start the downward spiral into uncontrollable debt.
Filing bankruptcy doesn’t mean you’re a bad person. Not at all, in fact. Most of the time, it just means you got stuck in a bad debt situation.