Legal Question in Family Law in New York

Re: Bankruptcy during Divorce

In New York State, after a divorce has been filed, any debt that is incurred by a party is his or her separate obligation. The Court will not consider the debt your obligtion. It will also, likely look unfavorably upon your Husband's actions. In fighting for the house, your attorney should point out all of the relevant factors, including your spouse's behavior in incurring debt.You should also make your attorney aware of your Husband's plans to file for bankruptcy. If he does file, you could lose certain portions of an award which you receive in the divorce. There are ways the divorce settlement can be structured to ensure that, if he does file, you will still receive what is owed you.

Re: Bankruptcy during Divorce

If there was a court directive issued then upon courts deliberation the judge will consider your husbands behavior in determining the distribution of marrital assets

Re: Bankruptcy during Divorce

He can always CLAIM (i.e., file) for bankruptcy, but if the bankruptcy court finds that he is not in good faith, etc., the Judge can deny his petition.

In the divorce case, any debt or liability incurred AFTER the date of commencement [DOC] of the divorce action, is his separate liability; it does not get shared.

Your attorney should be able to help you structure the settlement / or decision, so as to protect your interests.

You may also wish to consult an experienced matrimonial attorney for a second opinion.

I practice in NYC & Long Island, but consult state-wide.