Legal Question in Bankruptcy in New York

past bankruptcy and name change

My bankruptcy occured almost two years ago.

I see no prospect of ever getting an official divorce from my out of country, non-cooperative spouse.

I really want to return to my birth name even if I can't get a divorce. My lawyer didn't tell me the bankruptcy would have the consequence of not being able to change my name without a divorce. Is there any hope?


Asked on 3/16/08, 3:25 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: past bankruptcy and name change

The main concern with name changes in bankruptcy is fraud. Name changes that are not associated with marriage or divorce can occur after bankruptcy, but only after a significant period of time has elapsed. By "significant," I generally mean that the bankruptcy should be off the debtor's credit record before the name change is attempted.

It's not surprising that your attorney didn't tell you that it's difficult to change a name after bankruptcy; it's not something that usually comes up.

There are ways to get a divorce in NY without "cooperation" from the spouse. You need to speak with an attorney who concentrates their practice in matrimonial law (I don't).

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 3/17/08, 9:34 am


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