Legal Question in Bankruptcy in Arizona

divorce and bankruptcy

If I want to get a divorce and can barely afford my bills should I file for bankruptcy since all of the credit is in my name?


Asked on 2/04/09, 10:08 pm

2 Answers from Attorneys

Brian Blum Blum Law Office, PLC

Re: divorce and bankruptcy

It's hard to answer a question like this without knowing more about your situation. If you're considering bankruptcy, you should sit down with a bankruptcy attorney and go over your options. Most bankruptcy attorneys will give you a free initial consultation.

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Answered on 2/04/09, 10:22 pm
Jeff Biddle Biddle Law Firm, PLLC

Re: divorce and bankruptcy

Hi there,

If you are considering divorce, you should probably consider bankruptcy prior to divorce. I practice in both bankruptcy and divorce and I have seen the creditors come after the ex-spouse when the other spouse files bankruptcy after divorce. This may not be a huge problem but, depending on your incomes, you may qualify for a chapter 7 quick discharge when filing together but may only qualify for a chapter 13 repayment bankruptcy after divorce. Add to that the fact that both will need to pay to file after divorce and it really starts to make less sense to wait.

I would appreciate the opportunity to discuss your situation with you. I do handle bankruptcy and divorce cases in Tucson and I'd be happy to help you, too.

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Answered on 2/05/09, 1:09 am


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