Legal Question in Bankruptcy in Minnesota

I get asked this quesiton about twice a week. I always say "don't even think about it."

Minnesota law requires that petitions to the family court for a dissolution of marraige be in good faith. The petition has to include a statement that the marital relationship is broken beyond repair. Thus, what you are considering would mean lying under oath - which is a crime - at least twice. Really bad idea in my opinion.

Besides the provisions of Minnesota law, the bankruptcy code itself contains what amounts to a smell test provision. Even if you technically satisfy all the specific provisions, they can throw you out if what you are doing offends their sense of what's right.

Devious dodges of any sort are always a bad idea in bankruptcy court. It's inviting disaster. Stay as far away from that sort of thing as you can.

This response is for general information purposes only and is not legal adivce. It does not create an attorney-client relationship.