Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
He can file bankruptcy at any point in time. There is no length of time that he needs to wait the divorce. However, generally bankruptcy will not allow him to evade any familiar support (i.e. child or spousal support) orders that the court makes.
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Unless you wish to be associated with the bankruptcy, it may be better to be divorced first. If spousal support has been awarded and then he discharges all of his debt, you may be in a position to ask for an increase in spousal support, depending on how all this plays out.
You are correct, if he discharges debt, if your name is XXXXX XXXXX credit card, you can still be held responsible.
You should be able to file after the divorce is final and the court orders the divorce decree.
What you are able to keep in a bankruptcy depends on many factors. May people are able to keep their home and car.
However, you may consider consulting with a local bankruptcy attorney who may be able to listen to all the details of your case and provide you with a more in depth analysis.
I have and they have come out okay. However, it always seems to work out best when they have a knowledgeable professional in their corner navigating them through the process.