Legal Question in Family Law in Texas

Will divorce protect her when filing bankruptcy?

I want to protect my wife and daughter from losing the house we live in and my wife from earnings garnishment by the government due to an unpaid VA loan which is in the hands of collections at this time. My question is, will a divorce seperate her from my outstanding debt? The divorce would be uncontested after which I plan to file bankruptcy.


Asked on 2/13/01, 4:04 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Will divorce protect her when filing bankruptcy?

Your question poses to many variables and responses to answer in this forum. Contact a bankruptcy attorney in your area who can answer these questions. Many bankruptcy offer free initial consultations in an effort to get your case.

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Answered on 3/27/01, 10:55 am
Fran Brochstein Attorney & Mediator

Re: Will divorce protect her when filing bankruptcy?

Texas is a community property state and your debts that occurred during the marriage are also your wife's debts.

I suspect that you both need to file for bankruptcy.

If you are discharged, the creditors will look to her for payment in full.

Bankruptcy might enable you to not lose the house.

Best of luck to you.

Fran Brochstein

713-847-6000

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Answered on 3/27/01, 6:34 pm


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