Legal Question in Bankruptcy in Virginia

Is bankruptcy better when separated or divorced?

I am separated. I have $80,000 in credit card debt in my (husband) name only. Of that $40,000 was pre-separation. Can I file bankruptcy for �myself only� while I am still married (separated) or do I need to be divorced? Either way, can I protect the house we own jointly from bankruptcy?


Asked on 12/04/06, 3:23 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Is bankruptcy better when separated or divorced?

Married or not, you can file separately from your wife. If the house is owned as tenants by the entireties, it is generally better to file while still legally married, particularly if there is little or no joint debt. Note that your fiing will not prevent your wife from seeking as part of the divorce to require you to pay some/all of the joint debt. In any event, it makes sense to consult with a bankruptcy lawyer sooner rather than later so that you can plan appropriately.

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Answered on 12/04/06, 3:44 pm


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