New to Bankruptcy topic…

[TPJ]

Hey yall! My husband and I are in the middle of a divorce and today we met with a bankruptcy lawyer to see what the best options are for us and our debt. We currently have been living paycheck to paycheck and with the separation we don’t even know how we are going to pay all of our bills we have on our own. His monthly bills are more than what he brings home and vice versa. We can, however, work an extra day a week each and then be able to live on our own and pay our bills but who wants to work extra when you’re already burnt out and have kids? Not me!

I left that lawyers office more confused when I got there. I’ve been scrolling on this forum for about an hour and a half tonight and have read some great advice but I’m still unsure on what to do exactly.

We have debts that are just in my name, debts in both of our names and also just in his name. Whats the best advice for someone going through this? I really don’t want to file bankruptcy because I want to be able to sell my house and purchase a new one when the housing mkt gets better; maybe sometime this year. If I file bankruptcy I don’t believe this would be doable but in order for us to get rid of our debts this seems to be the only option.

[shipo]

Welcome to the forum!

What advice did your attorney give you? Have you consulted more than one attorney? Most folks here will strongly suggest you consult with at least three attorneys (I consulted with five) before you make a decision on which one to engage.

While my situation wasn't completely analogous to yours, back in 2013 my wife and I separated (we're back together now), losing our house in the process, and then we both filed individually for bankruptcy, her a Chapter 7 and me a Chapter 13. It was not a happy time for either of us or our kids, but we're all better for it now, so hang in there, get some more advice, and pick your best option.

[TPJ]

I’ve only consulted one attorney. It’s the one my mom used and recommends. She works for a lawyer as a paralegal and said she doesn’t trust any other attorney here in town for the bankruptcy.

This is the 3rd time my husband and I are separating; and honestly our debt this time isn’t nearly as bad as it was before but in order for me not to get my credit ruined and to pay things off this is the only option. In the past, I worked as a travel nurse and made $20k more a year. I’m not traveling now and can’t really do it again bc our youngest is in pre-k and the closest travel job near me that pays better is 2 hours away. I can’t drive 2 hours to work.

[Lensytink]

It's totally normal to feel overwhelmed, especially with bills piling up. When I faced a similar situation, finding a good bankruptcy lawyer made a big difference. They helped me understand my options and navigate the process. Don't be afraid of bankruptcy—it can be a fresh start.

[Carmella]

TPJ I would still see a few other attorneys to see what they have to say. I know it might cause some unrest with Mom, but I think it would be best for you. It sounds like you had bad vibes from the attorney you saw and that person may not be a good fit.

Or maybe after seeing a few other attorneys you can go back to the original attorney with more questions. You may have been overwhelmed BK is stressful enough and having a marriage breaking up would make it more stressful.

The attorney we went with flat out asked my husband and I if we thought we might get divorced. We were not and the question surprised me at the time, but I totally understood why he asked.

I wouldn't bet the housing market will be better within a year, we don't know what will happen to me it's an unknown. Plus with a divorce how will the house be considered? Will you need to sell/split any profit, etc. Did you discuss your concern about selling/buying a house with the attorney? Could you stay in the house through the BK period even if it's not what you want to do? I think you need more info and to seriously weigh the pros and cons of selling/moving vs staying put.

I would get all your facts together, write ALL questions down, and go see a few other attorneys and go back to the original attorney when you have more info, more questions, more knowledge. Did you share all the info with the attorney, all the debt yours alone and those combine with husband and husband's debt? I don't know how this is affected in a divorce either. I think there are a lot of unanswered questions and it's not the best time to make a decision until you have more information and understand to the best of your ability how this will play out.