Legal Question in Bankruptcy in Nevada

Bankruptcy Before or After Divorce

I will be getting a Divorce from my husband that is incarserated. We (HE) acrued a large debit during the corse of his scams that finaly landed him in jail. Would I need to file for bankruptcy before I file for divorce? Would I need to include him in the bankruptcy? Some of his scams involved our mutual bank account and he assested a lot of bad debit while we were together and after we seperated. Any advise would help.


Asked on 11/05/03, 9:02 pm

2 Answers from Attorneys
Stan Johnson Cohen, Johnson, Day, Jones & Royal

Re: Bankruptcy Before or After Divorce

I would say get the divorce first and then file the Chapter 7 bankruptcy. You can file without him and I would recommend that you do that. If you want to discuss this further call 454-2111 and ask for Sarah to schedule a free consultation.

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Answered on 11/06/03, 3:15 pm
Dorothy Bunce

Filing Bankruptcy Before or After Divorce

I usually suggest waiting until after the divorce is over to file Bankruptcy because it is possible that the Divorce Court could order you to pay some of your husband's bills even though they were listed in your Bankruptcy.

Since your husband is in prison, it would be difficult to file a joint Bankruptcy case, since he must appear at a Bankruptcy Meeting. Even though there might be a way for him to appear by telephone, it is a lot of hassle that you don't need in your life. And why would you want to help him out anyway???

Good luck & let me know if you would like me to be your attorney.

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Answered on 11/05/03, 9:18 pm


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