Divorce during open ch 7

[JoeBankrupt33]

My wife and I are filing bankruptcy jointly. We have been separated for a year, and we are going to get a divorce. Initially, I just thought that I would wait for the bankruptcy to be discharged, then file for divorce, but I'm getting antsy.

I need my fresh start, from the debt and from her.

Does anyone know if it is OK to file a divorce with an open bankruptcy and what impact could one have over the other.

[keepmine]

If there are assets to be distributed from the divorce it could affect the bk.

http://doney.net/bkcode/11usc0541.htm

[2Bshinyandnew]

Divorce and Bankruptcy are two HUGE life events. Definitely not a good time to allow feeling "antsy" to control your actions or decisions.

Have you already filed for bankruptcy? It is probably in your best interest to wait until all your debt, marital and otherwise is discharged through bankruptcy to file for divorce (see keepmine's post above). Filing for divorce before or in the middle of a bankruptcy could affect not only the distribution of assets, but if things get nasty it could open up the opportunity for either party to make the other civilly responsible for all or part of the other party's debt, and perhaps not dischargable. I'm not saying it will happen of course, I don't know the details of your case, just that it in certain instances, it could. This is exactly why my soon to be ex filed for BK before our divorce was final.

[southernbelle]

In my situation I filed for divorce and received the final decree about 3 weeks before I filed for BK. For me, it was imperative that the divorce was dissolved before I filed because I wanted to make sure any settlement or asset issues were resolved before filing BK.

Since my ex is a manipulative so and so, I also listed him as a creditor in my BK so that I was completely and totally done with him when discharged and he can't come back years from now claiming that I owe him anything. This worked for me because we don't have kids together and don't own any joint property. Since we live in a community property state I didn't want to take any chances with him claiming his income helped to pay bills, etc. and was owed money. (Yes he is that awful!!)

[OhioFiler]

My ex-wife file BK after we divorced and had agreed on splitting liabilities. I let her keep all the assets except my clothes, truck and tools. I ended up with all her debts after the BK. The creditors don't care who agreed to assume the debt post-divorce. If it was a joint account they hold you liable.

There are nasty ex-s of both genders!

[StartingOver08]

My ex-wife file BK after we divorced and had agreed on splitting liabilities. I let her keep all the assets except my clothes, truck and tools. I ended up with all her debts after the BK. The creditors don't care who agreed to assume the debt post-divorce. If it was a joint account they hold you liable.

There are nasty ex-s of both genders!

This is true. And the creditors don't give two hoots as to who is the one that has to pay according to the divorce decree - they go by the initial application,... and sometimes the creditors even lie about that and go after who ever they can!

Don't do both events at the same time (divorce and BK). For other people planning to both file and divorce, plan the order as best fits your situation. There are several threads here discussing the pros and cons on which way to go first, but OP, since you have already filed Ch 7 it is moot. Don't worry, your 7 will be finished soon and then you can plan a proper divorce.