Khan Law
Khan Law

Divorce and Bankruptcy

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Many times, people are unclear about when to file for bankruptcy when they are thinking about divorcing each other. If you have joint debt together, it would be more efficient to file bankruptcy together and get rid of your debts and then proceed with your dissolution. It’s cheaper to file bankruptcy together rather than pay for two separate bankruptcy cases. However, if you do not have debts together or would rather file separately, you can file for bankruptcy without including your spouse. Your divorce proceeding in Family Law court will be put on hold, while the bankruptcy is going through.


Another thing to keep in mind is that if your ex-spouse files for bankruptcy and you had joint debts together, the creditor will come after you for the payment of debts. It would be beneficial for you to also file for bankruptcy so you can discharge those debts. If you do not resolve these debts in some way, they will sue you as the person left for the creditors to come after. When they win their lawsuit, your wages will get garnished or your bank accounts will be levied.

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