Okemos, MI asked in Bankruptcy and Divorce for Michigan

Q: Bankruptcy and Divorce?

My wife and I are planning to divorce. The problem is that neither of us can afford to live alone and our debts are so intertwined between us (both names on everything) that splitting it would be impossible. We're considering a bankruptcy to simplify the process. I believe we make too much to qualify for Chapter 7, and will probably have to pursue a Chapter 13. What is the best way to navigate bankruptcy AND divorce so we don't come out of this with debt up to our eyeballs and having those linkages where the creditors can go after the ex-spouse after divorce? Also, if you file Chapter 13, are there early payment penalties?

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3 Lawyer Answers

Thomas. R. Morris

Answered
  • Bankruptcy Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Their may be an advantage to filing before a divorce, but your situation is too complicated and/or the facts too sparse for an attorney to advise you in an on-line discussion so I don't want to go into detail. You should consult with an attorney who handles bankruptcies.

Robert Keyes agrees with this answer

Bruce Alexander Minnick

Answered

A: If you are wondering why lawyers here on Justia are advising you to consult with a lawyer who handles your particular issues it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions to lawyers who volunteer their time, not to answer specific questions that may have very significant adverse repercussions. Any of the lawyers who respond can be contacted through this same website. Hire one.

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Contact a competent local bankruptcy attorney and both of you consult him on filing bankruptcy before or after you file for divorce.

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