Hello
I am in the situation of needing to file BK (probably 7) and also want to get a divorce. I talked with a BK attorney who said get divorce first, while putting in time since last charges & payments on CC (Last charges in 3/2011, Last payments 2/2011) before filing BK. But then we can not file joint BK if we divorce first. Then talking to divorce attorney (per BK attorney suggestion) he said do BK first! ...But that delays the divorce. So..guess it could go either way! Seems we can't do both at same time really (divorce & BK). These were both just 'consults' so can't pose another question on them.
What I am now considering is "Legal Separation". I think a joint BK is better for us because we have a home (community property). Does anyone know how legal separation affects a BK? As in, is your income or assets looked at any differently? I do not work (disabled, no SSDI or other income as of now) and he is unemployed, but will likely start working in the next few weeks. May have to go (him only) to another state to do so. Financially we will meet the means test by a huge margin I am sure, even if he works again.
I am not sure how legal separation versus divorce may help me/us in other ways (more internet research to be done on that) ...but wanted to start with the bK question first since it is most important. Figured someone at this GREAT forum would probably know :-)
Thanks...
I am in the situation of needing to file BK (probably 7) and also want to get a divorce. I talked with a BK attorney who said get divorce first, while putting in time since last charges & payments on CC (Last charges in 3/2011, Last payments 2/2011) before filing BK. But then we can not file joint BK if we divorce first. Then talking to divorce attorney (per BK attorney suggestion) he said do BK first! ...But that delays the divorce. So..guess it could go either way! Seems we can't do both at same time really (divorce & BK). These were both just 'consults' so can't pose another question on them.
What I am now considering is "Legal Separation". I think a joint BK is better for us because we have a home (community property). Does anyone know how legal separation affects a BK? As in, is your income or assets looked at any differently? I do not work (disabled, no SSDI or other income as of now) and he is unemployed, but will likely start working in the next few weeks. May have to go (him only) to another state to do so. Financially we will meet the means test by a huge margin I am sure, even if he works again.
I am not sure how legal separation versus divorce may help me/us in other ways (more internet research to be done on that) ...but wanted to start with the bK question first since it is most important. Figured someone at this GREAT forum would probably know :-)
Thanks...