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tglover08 · Jan 15, 2009, 08:04 AM

Ok this is a general question not about me but affects me.. Ok I need to know which come first divorce or bankruptcy
Wife wants divorce (her fault) anyway she didn't have the fund to pay the bill sbut wanted him to leave so she can move another guy in. he moved out in August and in December was served with foreclosure papers. So he worked something out with the bank to where she can get a loan mod and she didn't pay that either so now the house her truck credit cards and water softeners and all are delinquent so his credit is fooked** but he left her everything since she had the kids.. now he credit is over 200,00 in debt and house is in foreclosure again.. should he file bankruptcy and start again or will the courts sort that out?

George_1950 · Jan 15, 2009, 09:52 AM

Here's a catch: if he goes through divorce and agrees or is ordered to make payments on accounts and/or contracts, he may be barred from discharging those debts in bankruptcy if they are deemed in the nature of alimony or support. In my view, it would be best if they filed a joint petition in bankruptcy, then filed for divorce.

tglover08 · Jan 15, 2009, 12:29 PM

Originally Posted by George_1950

Here's a catch: if he goes through divorce and agrees or is ordered to make payments on accounts and/or contracts, he may be barred from discharging those debts in bankruptcy if they are deemed in the nature of alimony or support. In my view, it would be best if they filed a joint petition in bankruptcy, then filed for divorce.

Joint petition how does that work

George_1950 · Jan 15, 2009, 12:35 PM

They list all creditors, property, and income in the same petition for bankruptcy, but just one filing fee.

JudyKayTee · Jan 15, 2009, 04:51 PM

Originally Posted by George_1950

Here's a catch: if he goes through divorce and agrees or is ordered to make payments on accounts and/or contracts, he may be barred from discharging those debts in bankruptcy if they are deemed in the nature of alimony or support. In my view, it would be best if they filed a joint petition in bankruptcy, then filed for divorce.

I would add that they cannot actually divorce without having the bankruptcy set aside unless they wait until they are adjudicated bankrupt.