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If i filed a joint bankruptcy with my husband primarily for his benefit but now are filing for divorce can i request to have my name removed or the bankruptcy dismissed?
Wiki User
∙ 14y ago
Filing is NOT something you do for your spouses benefit. I'm not sure why you would think you did.
Filing is not needed, nor normally a benefit in any way for someone, certainly both parties, going through a divorce would do. In fact, a divorce can frequently really resolve the finances without BK.
"Getting your name off", is a what do you mean. If you are bankrupt, your name is on it. You can virtually always have your case dismissed voluntarily Married couples do NOT have to both file.
Get a lawyer to assist you today. In both the BK and the Divorce.
Wiki User
∙ 14y ago
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Can you divorce while in bankruptcy?
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/
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.
What are your next steps if your divorce case was dismissed and you both agree that you do want a divorce?
Y'all need to file for divorce and both sign the divorce papers before filing them.AnswerDivorce cases are generally dismissed due to the case being inactive. You can refile and make certain you carry it through to the end.
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 you give me a sentence with the word benefit?
A divorce will benefit us both.
