objecting spouse

[needafreshstart]

Has anyone ever heard of a spouse objecting to bankruptcy before divorce is finalized. Background, Spouse filed for divorce in March. I knew bk might be the only option and after meeting with a financial advisor, he said bk was my only option. Divorce attorney wasn't sure if I should file bk before finalizing divorce or vice versa. In July met with 2 bk attorneys who advised me to file bk first, otherwise ex spouse could object. With the new bk laws debts assigned to a spouse through divorce decree might not be discharged in bk. Not impossible but alot more work. Spouse is now dragging her feet on the divorce, and not because she is thinking about getting back together. Spouse's divorce lawyer is advising her to file, but she doesn't want to file. My 341 meeting is a week from today. Has anyone seen that happen and how it ended up.

[lrprn]

As you have discovered, bankruptcy and divorce make for very uneasy partners.

For your ex to object, she has to have a legitimate reason that she can prove to the court regarding why you should be denied discharge for a specific debt you owe her. She can't just object because she wants to.

[southernbelle]

I will file my BK after the divorce is final simply because I had a prenumpt. agreement and don't have any personal debt to be assigned to him in the divorce. There is only business debt in which the creditors will definately come after him for once I file the BK.

I considered the fact that he could object, and talked to a couple of lawyers first, but like lrprn said, he would have to have a reasonable and justifyable reason to object, not just because he doesn't want to pay the debts. I wouldn't worry too much if your spouse doesn't have reasonable grounds to object.