Which one first? BK lawyer or Divorce lawyer?

[jherron]

I couldn't really find the exact answer I was looking for so if this question has been asked, please forgive me.

My husband and I filed Chpt 13 jointly in Apr 2008. Now we are looking at a possible divorce. My question is: Should I talk with the BK lawyer first and let him know what's going on or should I go ahead and talk with a divorce lawyer?

Thanks!

[NoMoreCards]

I have not been in your shoes, but I would expect the divorce lawyer first and this is why...

People always say they "plan" to do something, like filing for BK and such. But until they actually start that ball in motion, it is typically just talk and seen as such.

This is why although you might tell creditors that you plan to file BK, they will call until you give them a case number.

Perhaps someone who has been in your shoes has a better answer with other reasoning, but this is what makes sense to me.

I wish you the best.

[HHM]

Interesting scenario (but it happens).

I agree with the above (and for basically the same reason), go see the divorce attorney first. No point involving your BK attorney until you have taken steps toward the divorce.

However, realize, the active BK is going to be a huge problem and a lot of work for your attorney(s) depending on what needs to happen. So, before you approach your BK attorney with this bomb, talk to a divorce attorney first.

[rrockinggramma]

having walked in those shoes, I was told by my attorney that the trustee only cared that the payments got made. He didn't care who made them etc. So, if I were you, I would make 1 party responsible in the divorce for the trustee payment. That way it isn't he pays 1/2 and doesn't cause then you are in a soup that is hard to get out of.

So talk to a divorce attorney. Once that is underway, give your attorney a heads up but as long as payments are current, it shouldn't change anything.

[UpsideDownMI]

This is definately a sticky situation. The added expense of living apart may make it impossible for either of you to continue to make your 13 payment. If child support is involved it would be even more difficult. I would ask an attorney, how you should proceed. I am sure you are not only one to have been in this situation. If you can't stay in your 13, you could convert to a 7 (if you qualify).