Legal Question in Bankruptcy in Illinois

Filing bankrupcy while seperated from spouse

My spouse and I are currently seperated. At this time we own a home, which my spouse is living in.We have many credit cards which were mostly in my name. My spouse is refusing to help pay any of these debts at this time. I am considering filing bankruptcy. How will this effect the ownership of our home, will it hurt my chance or obtaining the home at the time of divorce and how will this effect my spouse's credit.


Asked on 12/22/00, 1:01 pm

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Filing bankrupcy while seperated from spouse

The answer to this question is MUCH more complicated than you might realize, so I can only give you a general answer. First, if you file for bankruptcy separtely, you are going to list the mortgage company, which your wife is a co-debtor, in all probability. Your chances of keeping the real property after filing bankruptcy is, as they say, slim and none. And, it is all intertwined in how the judge rules in the marital case. So, the bottom line is if you are contemplating a BK filing, go see a good BK lawyer NOW. Don't wait, as if you do, certain legal remedies which are available to you may go away forever. GOOD LUCK!

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Answered on 12/27/00, 2:26 pm


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