Legal Question in Bankruptcy in Nevada

Wife claiming bankruptcy

My wife and I are separated. She wants to file for bankruptcy to make $25,000 of debt to go away and then plans to file for divorce. The lawyer she spoke to said, we would be both have to file for bankruptcy. She said she could also file for divorce and then claim bankrupty without needing me to file for bankruptcy. My question is the $25,000 in debt would that all be put on me to owe once she files for bankruptcy.


Asked on 10/04/06, 4:56 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Wife claiming bankruptcy

I answered a similar question on LawGuru some time ago, and here is the link:

http://www.lawguru.com/cgi/bbs/mesg.cgi?i=762752518

Here is the case citation standing for the proposition in Nevada that if only one spouse files for a bankruptcy discharge, the community property of both spouses is protected from post-discharge claims: NORWEST FINANCIAL. v. LAWVER, Supreme Court of Nevada, 109 Nev. 242; 849 P.2d 324; Bankr. L. Rep. (CCH) P75,203, March 24, 1993 (1993)

I am not sure why you would accept advice from a lawyer who has been hired by a party adverse to you. Indeed, the rules require an attorney's conflict of interest to be disclosed and, if waived by the client, it should be in writing.

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Answered on 10/04/06, 5:07 pm


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