Legal Question in Bankruptcy in Massachusetts

Divorce, Split Assets and Bankruptcy

I am on SSDI and get $1000 a month in benefits. My wife filed a finaincial statement and is worth almost $350,000 while I am worth $300.We are divorcing. We were married for two years and I would like to go after her pension, 401K and savings accounts. The problem is I am filing bankruptcy as well. Should I wait till after the divorce to file? If I win a settlement will the bankruptcy court take it away. I live in a apartment, on disability and really have nothing but $45,000 in debt.SSDI is sending me back pay of almost $14,000. When we were together, her money was hers and my money was mine and we each took care of our own finaincial obligations. Does this matter to the courts? I'm really confused and don't know what to do. I was going to file bankruptcy on my own using RapidLaw.com but now I'm afraid I may screw myself. Thanks for your help in advance.


Asked on 12/01/03, 5:15 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Divorce, Split Assets and Bankruptcy

You must be VERY, VERY careful. If you get a property settlement in the divorce, it is VERY likely that the bankruptcy trustee would TRY to take it. Whether the trustee would be successful in doing so depends, which is why I say that you must be VERY careful. PLEASE, please, call me ASAP for an appointment. 95% of my practice is bankruptcy and I also do divorce, so I believe I have a good understanding of how to handle this. Even if you don't call me, PLEASE call a BANKRUPTCY lawyer - don't call a divorce lawyer - for help. Even more so that divorce, bankruptcy is highly specialized and you really need a specialist. Again, call me or any BANKRUPTCY lawyer for assistance. DO NOT try to do this yourself. 617-367-4260. I don't usually answer these inquiries in such strong terms, but you did the right thing by asking for help before you made a mistake and I want to be sure that you don't make a mistake. I look forward to hearing from you. David Baker

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Answered on 12/01/03, 7:33 pm


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