Legal Question in Family Law in Nevada

Community Debt, Bankruptcy and Divorce

I am currently going through a divorce as well as a chapter 7 bankruptcy. Because I live in in a community property state (Nevada), I understand that all debt incurred during the marriage is considered community debt. What I am unclear about is which lawsuit I should file first. I am under the impression that if I file for a divorce first and, for what ever reason, my husband is not held accountable for his share of the community debt, then when I file for bankruptcy, because we are no longer husband and wife, the bankruptcy court will relieve him of his responsibility to pay on the debt. If, on the other hand, I pursue the bankruptcy first and the debt is discharged, then when I file for divorce my husband will not be held responsible for the community debt because it no longer exists. I'm very confused and need help. My husband incurred the majority of our enormous credit card debt and he also has the ability to pay for the debt whereas I do not. What should I do?


Asked on 9/17/05, 1:49 am

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Community Debt, Bankruptcy and Divorce

You are mistaken when you say that when the debt is discharged, your husband will no longer be liable. If your relationship is that you two can get together to file Bankruptcy first, I would do that. If not, get the divorce first and then file bankruptcy. If you get divorced before the bankruptcy, and your husband gets any debts assigned to him, do not waive spousal support or alimony. If he gets assigned debts, and he discharges them in bankruptcy and you don't file bankruptcy, you could go back to the divorce court and get an increase in alimony to pay the bills he was assigned. If you waive alimony, you are stuck with the bills and he gets off scott free.

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Answered on 9/17/05, 3:09 pm


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