Legal Question in Bankruptcy in Ohio

I am separated from my husband, and am considering filing for divorce soon. He is living in the house we share, and I moved out a few months ago. He has not made payment on the house in several months, and foreclosure letters are now coming. My question is whether I should file for bankruptcy, or let the house go into foreclosure, as keeping it is not an option. I realize that both options will hurt my credit. Also, how will divorce factor in to this? I would like to expedite the divorce, but am wondering how our financial issues will affect it.

Thanks for your help


Asked on 9/28/15, 5:26 pm

1 Answer from Attorneys
Daniel Gurtner Gurtner Law, LLC

The answer to your question depends on a few factors. First, you will have to determine if you are seeking a Chapter 7 or a Chapter 13 bankruptcy filing. Even if you wait for foreclosure to take place, you will likely still be liable for a deficiency balance on the home after foreclosure (if one exists). At this time, if you have already resigned yourself to a bankruptcy filing, you should probably do it sooner rather than later so that you can start rebuilding your credit. Also. keep in mind that a divorce may be complicated if there are marital property issues in a pending bankruptcy.

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Answered on 9/29/15, 8:31 am


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