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Few Questions re: filing a WI Ch 7 and imminent divorce

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    Few Questions re: filing a WI Ch 7 and imminent divorce

    Thanks in advance for the great site and the possible help. My wife and I need to declare bankruptcy Chapter 7. We have accrued around $50,000 or so debt that we cannot afford to pay back and still afford our monthly general expenses. And we need to start our separate life’s over. The reason I say ‘life’s’ is we need to also need to get a divorce. I have seen the means test on the Wisconsin website and we qualify for a family of four. So I have a few questions.

    1. My wife has recently moved out. My plan is to keep the house. How does her moving out help/hurt us because of her additional expenses with her apartment and not being divorced yet. We have two children 50/50.
    2. Should we get a lawyer? I would like to save costs and do things without one but we have never gone through either one of these situations?
    3. Should we get a divorce before or after? We are on good terms and wants best for each other in the future and hope to get a fresh start.
    4. My wife hopefully qualifies for Wisconsin Judicare low income attorneys. Do they typically do these types of things also?
    With our situation is there anything else that we need to consider. Thank you for your help!

    #2
    You need a lawyer.
    The only question I can answer is, assets obtained in a divorce within 180 days of filing bk is considered property of the bk estate. You both need to speak with a bk lawyer and layout the entire situation and see how they suggest you time both the bk and the divorce.

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      #3
      Many attorneys off free initial consults, but be sure and ask when making appts. It's a good idea to speak with several before choosing one, compare what each says, and come back here and ask if you have further questions.

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        #4
        As others have stated, every situation is unique so consult an attorney detailing yours.
        1. Her moving can help a lot because you each have your own expenses and maintain separate households. (this can help if tight on means test for Ch7)
        2. I would definitely use attorney, and it probably needs to be a different attorney than either of you (may) use for divorce
        3. Probably "file" for divorce before, but file a joint b/k after...ask attorney!

        Good luck.

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          #5
          Google: Chapter 128 Wisconsin

          Wisconsin has a state program similar to bankruptcy - it might be something you can use. Good luck!
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

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