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What else can I help you with?
Can you file a chapter 7 bankruptcy before your divorce is finalized ca?
Yes.
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.
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.
Do you need to file a relief from stay for a joint chapter 13 bankruptcy for purpose of a divorce?
Yes.
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.
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.
Can child support be included in a bankruptcy?
One a few type of financial obligation that cannot be discharged via bankruptcy is child support. If you have gone through a divorce or some type of divorce or separation settlement and you are required to pay child support or child maintenance by court order, the act of filing bankruptcy will not discharge this responsibility for you to continue paying it. Child support payments are exempt from any type of bankruptcy filing that the consumer might do, whether chapter 7 or chapter 13.
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/
What happens if you don't have a final judgment or divorce decree but a judgment for status only leaving property issues to be resolved but no final judgment or divorce decree is filed?
If there was no final judgment there was no divorce.
Do you have to get a divorce to file bankruptcy?
No
Can ex spouse sue for damages after divorce and chapter 7 bankruptcy in which she was listed along with the home in the bankruptcy but didn't declare being a lien holder and had not paid any money?
Yes the spouse who denies that she or he held a property at the time of divorce to avoid more payment is guilty of perjury.
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.
