Legal Question in Bankruptcy in Georgia

Process of divorce and filing bankrupcy

My wife found an attorney to file for divorce. It has not been filed with the district court. I am trying to file for Chapter 7 due to recent job loss. Do I need to file with combined household income and expenses or do I need to wait until the divorce is finalized. Once she files for divorce, can I file bankrupcy on my own or do I have to wait until the divorce is finalized in order for me to file on my own?


Asked on 9/10/05, 6:13 pm

2 Answers from Attorneys

Bernd Stittleburg Stittleburg Law Offices, LLC

Re: Process of divorce and filing bankrupcy

So long as you and your wife are living in separate households, you can file individually. I would suggest contacting an attorney to see whether filing individually or jointly would be more advantagous.

If you would like a free consultation, feel free to contact me. You can reach me through my website at www.4georgiabankruptcy.com

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Answered on 9/10/05, 9:00 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Process of divorce and filing bankrupcy

You are very near missing a vital deadline for filing bankruptcy. Waiting could be very harmful. On October 17, 2005 a new bankruptcy code goes into effect. It will make it far more expensive to file, make it more difficult to file, lessen what relief most people can get, and will prevent some people who can now file Chapter 7 from filing. It is very likely that if you don't consult with a bankruptcy lawyer in the next few days that you will risk some very costly consequences.

Married couples can file separately or together. Her income is not usually included if you are in two separate households. You will need to discuss whether it is best to file separately, or, if she wishes to file with you, if that is a good option. In any event, a bankruptcy can be filed before a divorce (and we'd have to see your information to know the pros and cons of doing that).

If you're in metro Atlanta we can assist you with this. Get a free worksheet packet (needed before your first appointment) at www.glenashman.com and then call me at 404-768-3509.

Almost all bankruptcy lawyers are very heavily booked from now through Oct. 16 with new cases coming in. We can still get you in with time to spare if you call early next week, but as the deadline approaches it will get very difficult to hire bankruptcy counsel in time.

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Answered on 9/10/05, 8:27 pm


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