Should you file a bankruptcy before a divorce? The answer is usually YES.
Marital debts can be discharged prior to the final divorce hearing, making the division of debt between spouses a mute point. If you already filed your divorce, the divorce court will not proceed in granting your divorce until your bankruptcy case is completed.
When one spouse does not participate in a pre-divorce bankruptcy, the non-filing spouse will be responsible for all of the marital debt. Why risk that liability?
CAUTION: family support, maintenance to a spouse and child support can NEVER be discharged in bankruptcy.
Dischargeable debts prior to a divorce include credit card debt, healthcare bills, vehicle debt, personal loans and many others.
Talk with your spouse. Even if you don’t get along, it is in the best interest of each party to seriously consider pre-divorce bankruptcy.
We can represent both parties in a bankruptcy case – all for one flat-fee of $750. Call us today! (262) 821-5533.
Please contact me at (262) 821-5533 to set up an appointment to discuss your case.