Legal Question in Bankruptcy in Illinois

Spouse files for bankruptcy, how am I affected

My spouse and I have separate bank accounts and credit cards. My spouse recently bought a car and I am not on the purchase agreement. The only joint dept is our home morgage. Additionally, my spouse was recently fired from his job and has no income. We have two kids and my spouse has limited involvement with them. My spouse wants to file for bankruptcy and I want to file for divorce (for many valid reasons). How will I be affected with his bankruptcy, should we sell the house before or after and what strategy is best since I want a divorce. Thank you for any guidance you can provide!!


Asked on 7/26/03, 8:31 am

2 Answers from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Spouse files for bankruptcy, how am I affected

I don't know in which county you reside, but I can affirmatively say that you need to retain a lawyer. If you are secure in your decision to file for divorce, I would do so sooner rather than later. You would want to get your share of the marital estate before creditors do.

I know of an excellent attorney in Chicago (not me) who could help you with these issues. Please feel free to contact me for the referral.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

Read more
Answered on 7/26/03, 2:44 pm
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Spouse files for bankruptcy, how am I affected

Where do I start? First, your husband has a right to file a bankruptcy individually. But, you are really asking a lawyer to look into a crystal ball, which we are not trained to do. You need to secure legal counsel as soon as possible.

Read more
Answered on 7/29/03, 11:34 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Illinois