Legal Question in Bankruptcy in Maryland

Re: Declaring Bankruptcy pending divorce

Timing is everything when it comes to filing a bankruptcy. There may be significant advantages to waiting until after various things have been resolved in your domestic matter. I would need many more facts in order to formulate a cogent response. Please feel free to give me a call if you want to chat briefly. I'll be happy to speak with you briefly without charge to assess your facts and potential need for additional legal counsel. If you require personal bankruptcy counsel, I will be happy to refer you to someone in your area.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Declaring Bankruptcy pending divorce

If you file first, before resolving property distribution and related issues, the divorce court could require you to pay (on behalf of the ex-spouse) certain debts as part of your support or property distribution obligation. If you wait, you may be able to discharge such obligations to the ex-spouse, just as you can to the underlying creditors, although the ex-spouse can object to such obligations being discharged. So it is often best to wait. You should see an experienced bankruptcy attorney who can consult with your divorce attorney and determine the best course of action for you.