Legal Question in Family Law in Texas
Bankrupcty/Divorce
Which should come first
Asked on 3/27/07, 11:53 pm
1 Answer from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
Re: Bankrupcty/Divorce
It depends. The filing fees are less for one joint bankruptcy than two separate ones.
However if your spouse is going end up owing you money (other than child support or alimony) as a result of the divorce and you do the divorce first, a bankruptcy will discharge that debt to you. Or you could end up fighting with other creditors. However if you did the bankruptcy first and then divorced, the spouse could not file bankruptcy for several years.
If you are planning on filing bankruptcy anyway, I suggest you hire a bankruptcy attorney to review your situation with you and advise you on this issue.
Answered on 3/28/07, 10:31 am