How Does Marriage and Divorce Affect the Meeting of Creditors?
A joint case can only be filed if a couple is married, in which case both the husband and wife would have to attend. They would both have to bring their social security cards and proof of their identity.
It is a general rule that a bankruptcy will not start a divorce or a criminal case. It is designed for monetary problems, but not so much for divorce or criminal problems. If someone had the debts of their soon-to-be-ex-spouse, then a bankruptcy could modify the person’s liability on it but not the spouse’s because that might be something that has to be adjusted in divorce proceedings, although it would not stop a divorce or criminal case.
What If Someone Filed For Bankruptcy but then Got Divorced?
Unfortunately, financial problems can often lead to a lot of stress in a relationship which might lead to a divorce. If someone filed a Chapter 13 and it was based on the household income with the husband and wife working, then the income would be cut in half if either the husband or the wife decided they wanted a divorce. The Chapter 13 might no longer be feasible so at that point they would have to convert to a Chapter 7, which is an issue that comes up fairly often.
Is It Is Cycle Where Loss Of Job, A DUI, Filing For Bankruptcy And Divorce Go Hand In Hand?
Yes. The flip side is that sometimes people will file a Chapter 7 because all those bad things are happening like the job loss and the divorce. They file a Chapter 7 and get back on their feet and then file a Chapter 13 to try to help them catch up on their house or their car. It is like a reverse of the situation where the person filed a Chapter 7 because things were bad and then things got better and suddenly they have the income now to hold on to a house or a car, so that is a fairly common situation as well.
For more information on Bankruptcy and Married or Divorced Couples, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (443) 860-0088 today.