Legal Question in Bankruptcy in Texas
Trying to stop the madness
I am getting a divorce. I will be filing for backruptcy before the divorce
is final. I am filing to include my now wife. After the discharge is
granted, how will I keep her from running up more debt until the divorce is
final? Would I be responsible for any of her new debt between the discharge
and the final divorce?
1 Answer from Attorneys
Re: Trying to stop the madness
Bankruptcy discharges debts incurred up to the date of filing. Debtors in Bankrupcty court are not supposed to incur any more debts prior to discharge unless they have the bankruptcy court's permission. Typically a bankruptcy takes a few months. So if you file a few months before the divorce is final, you have that protection. Also after filing you will find a good number of credit cards cancelled.
You would be resonsible for joint liabilities where you and she signed the note or credit application. You would also be ressponsible for debts she incurs to buy necessaries (food, clothing, shelter, health care and the like)
Also certain debts are not dischargeable in bankruptcy - back child support and criminal fines, for example.
Be sure to hire and go over this with divorce and bankruptcy counsel as they are likely to have more input.
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