Legal Question in Bankruptcy in Arkansas

Divorce after filing bankruptcy

If your spouse hasn't been paying their part of the bankruptcy and you have, what can you do to keep from getting into trouble yourself? And if my final decision on filing for a divorce is yes, what happens with my bankruptcy? Will I be responsible for the whole bankruptcy note after filing divorce, even though I have paid my part every week and my spouse hasn't even made an effert to pay his?


Asked on 1/04/04, 6:01 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Divorce after filing bankruptcy

Was this a joint bankruptcy? Was it a Chapter 13 Bankruptcy?

Normally, a debt in both spouses names is the responsibility of both or either spouse. This means, in most situations, it does not matter which spouse pays what, both of you still owe whatever is left on the debt. There are a few rare exceptions.

Are you still married? You will need to sever the bankruptcy and any other debts you may have together if you get a divorce, or you will still be responsible for all debts of each other.

I answer without all the information I need to give you a more final answer. I would be glad to answer you more definitively if you would like to provide me with more details.

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Answered on 1/04/04, 2:06 pm


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