Debts from Divorce & Filing Bankruptcy

Nothing ruins a relationship like money problems. Here are some tips about how bankruptcy can help with divorce or child support.

Below is from Attorney Peter Francis Geraci’s Infotapes, watch this and more @ https://www.infotapes.com/Bankruptcy/Infotapes

What Happens if I am Divorced or Pay Child Support?

Nothing ruins a relationship like money problems. Here are some tips about how bankruptcy can help with divorce or child support.

File Before You Divorce

If you are not divorced, consider getting your debt under control so it is not a serious issue. We help a lot of couples quit fighting over money, by filing Chapter 7 or 13. You can also take my court approved 2 hour debtor education course at http://www.pfged.com, and it might help you understand and manage your debt.

If you are in the middle of a divorce, ask your divorce attorney to refer you to Geraci Law for either a single filing bankruptcy, or a joint filing. Often, one spouse wants to stick the other with the debts. If that spouse files bankruptcy, it often eliminates the issue, especially if the other spouse is not joint on them.

Debt in Divorce Decrees

Be very, very careful about agreeing to pay debt in a marital settlement agreement. You might end up eliminating your right to discharge debts you agree to pay in a divorce. That is a very bad idea, especially if you have to pay support. You are better off discharging debt so you can use that money to pay support.

Court Ordered Support

Some kinds of court-ordered support in a marital settlement agreement is dischargeable in bankruptcy, and some is not.

If you are not married, and you are ordered to pay support for children, that obligation is not dischargeable in bankruptcy. But in a Chapter 13, you can repay child support arrears, and get protection from having your drivers’ or professional license suspended for unpaid support.

Protecting Rights in Bankruptcy

Why are cases with divorces and domestic support obligations so complicated? The legislature wanted to protect children and spouses from the effect of a bankruptcy discharge. In Chapter 13, domestic support obligations must be paid, and you can pay arrears ahead of other creditors. You must also certify that you are current on your domestic support obligation before the court issues a discharge in your case.

Always Consult an Attorney First

You should seriously consider hiring an experienced Geraci Law bankruptcy attorney. Why? Because when you have a domestic support obligation, there are different requirements for chapter 13. Domestic support obligations, attorney fees to the other spouse in most cases, and guardian ad litem fees, and property settlement obligations, are not dischargeable in Chapter 7.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

Should I file Bankruptcy Before I get Divorced, During the Divorce or After the Divorce?

When contemplating divorce, when should I file bankruptcy?

New article from Attorney Peter Francis Geraci titled, Should I file Bankruptcy Before I get Divorced, During the Divorce or After the Divorce? Read this article and more @ https://www.infotapes.com/Articles

There are a lot of “secrets” that you certainly don’t know about when to file in relation to a bankruptcy. And believe it or not, more than a few divorce attorneys commit malpractice by failing to refer their clients to Geraci Law. 

Example #1  “I am not working, I am separated and can’t pay my $60,000 in credit card debt that’s in my name only. I have been paying minimums of $1200 a month for 2 years until I lost my job making $75,000 a year. I think I will wait until after I get divorced to file a bankruptcy. My spouse and I own a condo with less than $15,000 equity, and she still makes $75,000 a year. 

What to do: File Chapter 7 now, especially if you have no joint debt. If you get back to work,  you make too much money. If you stay unemployed, but your spouse files for divorce, her attorney may want some provision that promises her you will pay that debt, a big error you don’t want.

Example #2  “I have $35,000 in credit card debt and want to file for divorce. My spouse has $25,000 in debt. We rent, and each make $50,000 a year, but I will have to pay support for the kids, and can’t do that and pay $800 a month on credit cards for the next 10 years. What should I do?

What to do: You are separated, so your household income is half of what it was, an ideal time to file Chapter 7. You should also talk to your spouse, who might want to eliminate her debt in a joint filing so it is not an issue in the divorce. Waiting could be very bad: I have seen divorce property settlement agreements obligating a spouse who is paying support to pay not only support, but to pay credit cards. Very bad. Get to Geraci Law right away. 

Sometimes we file separate Chapter 7 for each spouse, sometimes a joint Chapter 7, sometimes a 7 for just one, sometimes a Chapter 13 for one only, etc.  There are a lot of ins and outs. Sometimes both spouses file, and because the debt pressure is gone, they get back together and live happily ever after.

Geraci Law saves more marriages than a country preacher. And if we can’t, at least you aren’t fighting about debt during a divorce. It’s magic!

Again, don’t call and expect to get anything straight without a virtual or in-person consultation. You spent years getting into debt, spend an hour planning how to get out of it with an experienced Geraci Law attorney. 

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

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