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Ladyviper · Feb 22, 2008, 09:10 PM

One of my employees is going through a rough time, deciding on ending her 24 yr marriage. She came to me for help, and I really know about either subject, and I don't know all the specifics. Here goes...

She and her husband are up to their ears in credit card debt, I don't know how much but I know that neither one of them can make the minimums on their own. I don't know what he makes, but I know what she makes, and they use her two jobs to pay just basically credit cards. So approximately 1400.00 a month goes out the door to pay credit cards and other revolving debt. She and her husband talked about filing bankruptcy, and he knows nothing of the impending divorce. Neither have filed paperwork on either account, I don't know if any of this information is helpful.

1. Should they file bankruptcy before she files for divorce?

2. Are there any laws or anything about filing for divorce while a bankrupcty is in progress?

3. Would it be better to file bankrupcty after the divorce is final?

I am sure she would appreciate any help or advice you can give. I told her I was going to ask here because (most) everyone gives their best advice.

oneguyinohio · Feb 22, 2008, 09:28 PM

Just an opinion, but filing for the bankruptcy might give them some breathing room financially to focus on their marriage if the financial strains are the reason for the divorce. I would think it would be cheaper to file while they are together. If they both end up filing after the divorce, it is going to cost double the amount as it would be two separate cases.

Hope that helps in some way.

Fr_Chuck · Feb 23, 2008, 12:06 AM

They will either have to file before they are divorced, or wait till the bankruptcy is over to file.

Ladyviper · Feb 23, 2008, 05:56 AM

Originally Posted by Ladyviper

One of my employees is going through a rough time, deciding on ending her 24 yr marriage. She came to me for help, and I really know about either subject, and I don't know all the specifics. Here goes...

She and her husband are up to their ears in credit card debt, I don't know how much but I know that neither one of them can make the minimums on their own. I don't know what he makes, but I know what she makes, and they use her two jobs to pay just basically credit cards. So approximately 1400.00 a month goes out the door to pay credit cards and other revolving debt. She and her husband talked about filing bankruptcy, and he knows nothing of the impending divorce. Neither have filed paperwork on either account, I don't know if any of this information is helpful.

1. Should they go ahead and file bankruptcy before she files for divorce?

2. Are there any laws or anything about filing for divorce while a bankrupcty is in progress?

3. Would it be better to file bankrupcty after the divorce is final?

I am sure she would appreciate any help or advice you can give. I told her I was going to ask here because (most) everyone gives their best advice.

Thanks for replying so quickly you two! I do have to agree w/ oneguy, this could give them some breathing room if finances are the issue between them. After that many years, it seems wasteful to throw in the towel and start over. Like I said though, I don't know the whole situation all I know is what she tells me. I do know she should think long and hard over giving up that many years with someone.

Thanks again!

feeling helples · Oct 11, 2009, 04:46 PM

I have already filed chap 13 and I am separated. You can get a divorce while in bankruptcy. However, your bankruptcy lawyer will no longer be able to represent you because of conflict of interest. You both would have to get new bankruptcy lawyers as well as divorce lawyers. Very expensive. You must have a bankruptcy lawyer because anytime you go to purchase a vehicle, etc, you need to notify the attorney and go through the trustee for approval. In addition, it is better to file for bankruptcy first, then divorce, because it is easier to then know how things will be split, etc.

JudyKayTee · Oct 12, 2009, 08:59 AM

Your employee needs to consult with an Attorney who is very familiar with her (their) circumstances and can make a decision based on information which we do not have.

wakeupcall13 · Oct 12, 2009, 05:14 PM

I am in the same situation as your employee and I opted for getting through the bankruptcy first. It's a lot cheaper than a divorce and it will free up money for the divorce. My other reason for choosing the bankruptcy first is it will be less time the divorce attorney has to spend on things like debt and assets because... they will be gone or greatly reduced. I will be starting within the month and I am hoping to be done in 4 to 6 months.
With your employee, maybe it would help relieve stress and they might not get divorced. For me that is a hopeless cause.