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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34822
Experience:  Attorney with 16 years experience
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I am in the middle of a divorce and I cant get my husband

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I am in the middle of a divorce and I can't get my husband to work with me on trying to get deferments from our various debtors. I can already tell you that I need to file bankruptcy no matter what the debt assignment will be. I have already asked if he would fil jointly to take care of the issues we are both facing but he says "no". Can I legally file bankruptcy while going through a divorce?

Hello,

 

Yes, there is nothing that would prevent you from filing personal bankruptcy while you are in the midst of a divorce. In fact, it is quite common for one spouse to do so to get an entirely fresh start once the divorce is completed. This will discharge virtually all debts that you have (student loans, child support, and a few others excepted) and will make your spouse solely liable for any jointly acquired debts. In turn, this usually forces the other spouse to file as well because then they are solely liable for the debts.

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thanks

Barrister

 

 

Customer: replied 6 years ago.

So if we haven't reached the point in our divorce to get debts assigned, then I still have time to file?

How is this viewed by the court and it there nothing the judge can do about assigning me debt if I have had it discharged in bankruptcy court?

Sure, you would just list all debts, even if they hadn't been assigned to you yet to cover all possible assignments.

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The court wouldn't have any thoughts one way or the other as bankruptcy is covered under federal law which trumps state laws (which cover divorce). The judge can't assign you debts that are in the process of being discharged.

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thanks

Barrister

 

 

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