Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Good evening: I am so sorry to read about your difficulties.
Yes, bankruptcy may be an option. However, it is always better to wait until after the divorce to file for bankruptcy protection. If you file for bankruptcy during the divorce, any property division would have to be suspended pending the outcome of the bankruptcy case unless your spouse or you file for relief from the automatic stay to obtain permission of the bankruptcy Court in order to proceed with the property division in your divorce case. On the other hand, you would not be able to negotiate payment plans with your creditors if the bankruptcy Court has not ruled on the property division. So, it can get quite messy. So, it is always better to file for bankruptcy before or after the divorce, but not during the divorce proceeding.
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