Brooklyn, NY asked in Bankruptcy and Divorce for New York

Q: Husband threatening to file bankruptcy so I end up with less money should I file for divorce before he files bankruptcy

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5 Lawyer Answers
Nina Mironenko
Nina Mironenko
Answered
  • Huntington, NY
  • Licensed in New York

A: Yes, file asap.

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: It does not matter fully. In the bankruptcy your husband may lose assets to creditors, but he may not. Your claim for assets, as well as support, is independent of the bankruptcy. I always tell people to do what is best for them. Do not get divorced just because of the bankruptcy, but if you want to get divorced, do not get deterred by a bankruptcy.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: The bankruptcy will have no effect on child support or spousal support, as for other "property" unless it is separate property the bankruptcy probably won't make much of a difference if at all. If you are going to file for divorce do so before the bankruptcy just don't do it because of the bankruptcy.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Commack, NY
  • Licensed in New York

A: Technically the Bankruptcy Trustee is the trustee of the assets in the bankruptcy estate. As such, distribution in the divorce may be subject to claims on non-exempt assets by the Trustee. It should not affect child or spousal support. If you file before the bankruptcy is filed, the divorce case might be delayed slightly, as a bankruptcy stays all litigation. You shouls speak to an attorney who understands both bankruptcy and divorce law.

Seni Popat
Seni Popat
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Deer Park , NY
  • Licensed in New York

A: It depends on what assets and income he has. He can also file even when the divorce filed so you want to carefully plan this. You can always call us.

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