Divorce, Child Support And Bankruptcy
There are several ways in which bankruptcy can help you if your marriage is in trouble. If money is the source of your arguments, a fresh start can help relieve the tension so you can focus on making your marriage better. If you are divorcing, a bankruptcy can wipe out old debts, allowing each of you to start over with a clean slate. If you are already divorced, a bankruptcy can relieve debt so that child support payments can be made on time.
At Christopher Kerney, Attorney at Law, we understand the stress that money problems can create. Our job is to help relieve those money problems through bankruptcy. Christopher Kerney is an experienced bankruptcy lawyer. At our law firm, bankruptcy law is our focus. Please contact us for debt relief help.
Common Divorce and Bankruptcy Concerns
Because we focus strictly on bankruptcy law, we see some of the same concerns over and over again. Perhaps you have some of the concerns listed below. For all of your bankruptcy concerns, please give our office a call for a free initial consultation. All inquiries are strictly confidential.
- Is our debt all marital debt – even if my spouse charged on the card? — In almost all cases, yes. In general, as far as the divorce court is concerned, assets and debts that were incurred during your married time are yours jointly. Ask us how a bankruptcy will affect this debt.
- I’m behind in my child support? Does that go away with a bankruptcy? — No. Past-due child support never goes away. Talk to us about a Chapter 13 repayment plan.
- Our only asset is the equity we have in our home and it is facing foreclosure. Will we lose our equity in the divorce? — A home is protected under bankruptcy law. This is a complicated issue. We will be happy to discuss your options with you for remaining in the home, division of equity and bankruptcy.
- If a couple files Chapter 13 together and later decides to get a divorce, can they continue with the repayment plan divided appropriately between the spouses? — The plan payment can be divided so that each spouse pays for the vehicle that he or she drives, for example. Alternatively, one spouse can convert his or her case to a Chapter 7 to get an immediate discharge, leaving the other spouse to continue in Chapter 13.
Can a couple file a joint Chapter 7 case even if they are intending to divorce before they are discharged from bankruptcy? — The bankruptcy will continue and the spouses will both get a Chapter 7 discharge. If bankruptcy is filed after the divorce is final, then it cannot be a joint case. In this situation, the bankruptcy will be two separate cases with two separate attorney fees and court costs. So, it costs twice as much for a couple to file Chapter 7 after a divorce is final.
Start over with bankruptcy – and perhaps save your marriage. Our law firm helps individuals and families in Gallatin, Portland, Hendersonville, Lebanon and the surrounding area. Let us evaluate your financial situation and help you identify your options. Your first consultation with a lawyer is free with no obligation. Call or contact us online today.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.