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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am in the middle of a divorce and I cant get my husband

Resolved Question:

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?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

You can file bankruptcy while going through a divorce. However you will want to be aware that the bankruptcy will not discharge any debt that you may owe your husband that results from the divorce decree

Here is why.

Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations.

You can read the Code here:

I hope that the information which I provided was helpful to you.

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Best wishes for a Happy and Healthy New Year!
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