Legal Question in Bankruptcy in Georgia

I will be filing Chapter 7 this week and it is suppose to take 30 to 45 days for it to be discharged. I am working with my husband on a non contested divorce and asking him to repay me the $35,000 he took from my IRA. If he is able to pay me and this happens after I file Chapter 7 would I owe this money to anyone?

I have no idea if he will be able to pay me back but want this in the divorce agreement. Since I have no way of knowing if he will be able to repay me should I wait until my Chapter 7 is finished before I file for divorce?


Asked on 10/16/09, 1:08 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Those are questions for your bankruptcy lawyer. The mere fact that you have to ask about a $35,000 issue should make it crystal clear you need one.

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Answered on 10/21/09, 1:13 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

This sounds like you are making the catastrophic mistake of trying to do the divorce and bankruptcy without a lawyer. The small amount you save will be more than made up by the likely disasterous loss of lots of money.

A discharge takes far longer than 30-45 days (at a minimum it will be 90-120 days). The claim for $35,000 almost certainly has to be reported, whether or not received, and the timing of the two cases may affect both the success of the bankruptcy, the success of the divorce case and whether you keep or lose the money.

Get a lawyer for both cases.

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Answered on 10/21/09, 1:22 pm


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