Divorce and Chapter 7

[southernbelle]

[needafreshstart]

Be very careful. I take it you are the one wanting to file bankruptcy, what's your spouses stance? I was advised by my divorce attorney that with the new bankruptcy laws marital debt may not be discharged as easily. If your spouse doesn't want to file bk and fights it any debt assigned to you in the decree can become considered spousal support. The new bankrtputcy laws can make it harder to get it discharged by calling it spousal support. One attorney said it can still be discharged but would be more costly to get it discharged. My divorce attorney and 2 bankruptcy attorney's said the same thing. I was trying to figure out if I needed to complete the divorce then do a bankruptcy. I was advised to file bankruptcy before the divorce was final. It will slow down completing the divorce, but it might be a price you have to pay. Have you talked to a bankruptcy attorney yet? If you think bankruptcy is an option, do a free consult with several bk attorney's and see there opinion.

[southernbelle]

I am the one filing BK and I really don't think my ex could care less about me filing simply because he's moved on and has a very irresponsible attitude about financial matters in general. I forgot to mention that although I live in a community property state, I have a prenuptial agreement which basically states that what was mine is mine and what's his is his in terms of property, debts, etc.

The concern for me is the fact that after meeting with my divorce atty., she has a very casual attitude about things because she feels that the prenuptial agreement will cover everything. I am a little concerned about her advice about things since she also told me I could change my name at anytime prior to the completion of the divorce, but the social security admin. requires a divorce decree and by doing a little more research I found that it is less trouble to have my request spelled out in the decree. If she was wrong about that, what else could she be wrong about. I guess it is overkill, but my ex is a little slimy and I wouldn't put much past him, and just want to cover all of the basis. I wish I could afford a new divorce atty, but I've paid her enough already and can't afford to start over.

I guess I will take your advice and talk to a couple more bk attys since I have about 40-50 days prior to the finalizaton of the divorce. Thanks again.

[SinkingFast]

Here's an article you should read about Divorce, Debt, and BK:

http://www.bkforum.com/showthread.php?t=17934

[needafreshstart]

If you don't have much joint debt then it isn't as big of a deal, or if he is taking responsibilty for any joint debt in the decree. But, if their is joint debt that the decree states you would be responsible for, he could object to that being discharged. If you get joint debt discharged he would then be liable for payments. He may not care and have to file bankruptcy or he could object just to be a pain.

[southernbelle]