Well. I am about to join the chapter 7 statistic

[leonel9]

I'm not an attorney, but I understand that bankruptcy court is a court of limited jurisdiction. As it applies to bankruptcy, you may be able to discharge your debt to a creditor, but a post-filing marital support agreement could still be enforceable. If the agreement is ratified before filing, the way it's worded could dictate whether an aspect could be discharged in bankruptcy.

I think that's why justbroke is suggesting that both attorneys work together.

[justbroke]

Federal court over rules state court. This was discussed in depth. Also the credit cards are in my name. My debt = I get to deal with it how I want.

Actually, federal law is complementary to State laws in the same jurisdiction. Federal bankruptcy courts almost always defer to "underlying" State non-bankruptcy laws when determining certain things. If you sign a marital property settlement agreement and it's in the nature of support, the federal court will not only recognize it, but requires that it's non-dischargeable. Crafting the marital settlement agreement (MSA) properly so that things are correctly classified as non-DSO, when possible, is the art of two attorneys working together.

Or, maybe your case is not complex at all and everyone will agree to keep any debt that they accrued during the union as their own separate debt in the MSA, you'll fly through this without the ex ever throwing a fit (said no one ever).

This is why I can't offer any advice rather than strongly suggesting that both your bankruptcy and divorce attorneys speak to one another. If you're really in Texas, you are in a community property State and you may have community debt. Since I'm not an attorney and certainly not experienced at all with community property, community debt, or bankruptcy/divorce in Texas, I can't comment. I apologize for that. While I have experience with bankruptcy and divorce, I don't have such experience with them at the same time and in a community property Sate.

I hope it works out for you.

[Nomoregreen]

You guys are correct. My case is overly simple giving me certain advanteges....Both of my attorneys agree this is the best option for me. They explained it this way....

I am the debtor on all of the credit card debt, and both car loans. Because the debt is my debt solely and she is not a co debtor, I would have assumed the debt in divorce anyway. Because I am the debtor I get to deal with the debt how I choose. This is why bankruptcy will over rule state court at this moment. We had a agreement she could keep her car and make payments and I would not repossess it. She failed to keep payments current and pushed me into bankruptcy before divorce was final.