Legal Question in Bankruptcy in Virginia

Divorce and Bankruptcy

I have a divorce that is pending in the courts. There is credit card debt but I am the only name on the accounts. Can I go ahead and file for bankruptcy now or do I have to wait and see how the judge disperses the debt. My spouse is the one who ran up one of the cards.

Thank you

Suzanne


Asked on 6/22/03, 6:05 pm

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

Re: Divorce and Bankruptcy

It generally makes sense to wait, as the divorce court can require you to pay the debt even though your original liability on it is discharged. If you wait, and the divorce court has ordered you to pay, you can discharge even the oblilgation created by the divorce court, provided your ex-spouse does not timely file an adversary proceeding to except it from discharge. If s/he does file such a proceeding, the the court will determine if you have the ability to pay, and if so it will conduct a balancing test to see which spouse can better bear the burden of the debt.

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Answered on 6/22/03, 6:44 pm


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