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Yes, you can divorce while in bankruptcy. Bankruptcy has no effect on whether you can divorce or not. While divorce and bankruptcy can occur simultaneously, it can end up delaying the bankruptcy process. Ultimately the proceedings can continue and the parties can divorce without issue. I've written more about this here: http://www.freshstartlaw.com/know-about-bankruptcy/
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∙ 10y ago
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Do you have to get a divorce to file bankruptcy?
No
CAN I get a divorce before my wife files for a bankruptcy?
Divorce and bankruptcy are not related issues. One does not affect the other. If you want a divorce, go ahead and get one.
Can you bankrupt a judgment from a divorce settlement?
Bankruptcy and divorce is a complicated area of law. There are certain financial obligations in a divorce that cannot be discharged in bankruptcy and some that can. There are also steps you can take in drafting the divorce agreement that can address any future bankruptcy actions and protect your rights. There is a good discussion on this topic at the link below.
2 homes with mortgage on both divorce and one files bankruptcy?
Was the bankruptcy before or after the divorce? I don't think it matters however, the bank can always go after the cosigner on a mortgage if they didn't file bankruptcy as well.
Should divorce prior to bankruptcy?
divorce should not prior to bankruptcy. you agreed to love this person unconditionally through worse times. you should stick together and work this probem out.
Can you file bankruptcy against a divorce order in North Carolina?
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
What does pending bankruptcy mean when trying to collect on a debt?
Bankruptcy Means Test and Household Size With a Pending Divorce .
Should I file for a divorce before filing chapter 7?
Every case is different, but if the two of you file a joint petition for bankruptcy before the divorce, you will both avoid problems. Consult a lawyer who knows both divorce and bankruptcy law.
During an active chapter 13 bankruptcy if the spouse counter sues for divorce do they also need to obtain a relief from stay from the bankruptcy court for the divorce?
If they are seeking relief with respect to property, then yes.
Can bankruptcy stop a divorce?
Bankruptcy can maybe stop the other person taking money from you but it wont stop them claiming the rights to your assets.
Can you file a chapter 7 bankruptcy before your divorce is finalized ca?
Yes.
Do you need to file a relief from stay for a joint chapter 13 bankruptcy for purpose of a divorce?
Yes.
