Legal Question in Family Law in New York
Separation Bankruptcy Divorce
I am legally separated from my wife. Under the separation agreement I am supposed to pay a certain number of credit card bills. I have been unable to keep up with the payments so I filed for bankruptcy. In the bankruptcy papers my wife is listed as a creditor. Will filing for bankruptcy keep me from getting a divorce after my one year legal separation?
1 Answer from Attorneys
Separation / bankruptcy / divorce
One assumes (hopes) same atty who handled separation also handling the bankruptcy - otherwise, make a point of scheduling an appointment w/ one or the other or both to discuss this:
-> while it is not likely that the filing of the bankruptcy will be deemed to be a violation of the provisions of the separation agreement such as would 'defeat' the 1 year escape - - it IS possible that an argument might be made to the effect that those credit card debts [i.e., your wife's share that you *assumed* - i'm assuming you did not file jointly for bankruptcy & assuming that it is w/regard to such debts that you list her as a creditor] .. that those debts / that sum, to the extent any creditors might go after her for it, is NOT subject to being discharged in bankruptcy _vis_a_vis_ your wife.
I agree it sounds off-the-wall, but I've recently seen language in a decision w/ a similar result.
Regards, etc.,
jmhayes
-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-