How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Girl Your Own Question
Law Girl
Law Girl, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4606
Experience:  I am an attorney.
635143
Type Your Bankruptcy Law Question Here...
Law Girl is online now
A new question is answered every 9 seconds

MY HUSBAND AND i ARE CONSIDERING DIVORCE. HE HAS BEEN ...

Customer Question

MY HUSBAND AND i ARE CONSIDERING DIVORCE. HE HAS BEEN ALSO TALKING ABOUT GOING BACKRRUPT AFTERWARDS. HOW LONG DOES HE HAVE TO WAIT AFTER THE DIVORCE? iS THERE ANY LENTH OF TIME? mARGARET
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 8 years ago.

Dear Maggie:

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.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 8 years ago.
Reply to Law Girl's Post: Is it better for me if we get divorce first. I understand what my name is XXXXX XXXXX have to pay. If my name is XXXXX XXXXX credit card with his I am still responible--is that right. New at all this/

Margaret
Expert:  Law Girl replied 8 years ago.

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.

 

Law Girl and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Hi ,

To be honest,
My husband and I are so much in dept that we do not know what else to do. We own a business that we do not want to loose. So we are thinking about puting everything in one persons name and the other one Go Bankrupt. I know you can not legally advice us to do that but After the Divorce would there be a problem. And how long do we have to be divorce to do this. What is except when you go Bankrupt? (home, cars???) Thanks for being there. Do not know where to go.   Maggie
Expert:  Law Girl replied 8 years ago.

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.

Law Girl and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Law Girl's Post: have you heard of people doing this when they do not want to loose everything? Maggie
Expert:  Law Girl replied 8 years ago.

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.

Good Luck!

-KAT