Divorce During and After Bankruptcy - What You Need to Know

Financial problems are often one cause of marital problems. As a result, it is not uncommon for one or both spouses in a divorce to file for bankruptcy protection.

At the Lawrenceville law firm of Markowitz O'Donnell, LLP, our attorneys offer experienced representation to people in bankruptcy proceedings during divorce. Located in Lawrenceville, our law firm serves clients in Trenton and throughout New Jersey.

Offering Strategic Advice and Counsel When One Spouse Files for Bankruptcy

One fairly commonplace circumstance is when one spouse files for bankruptcy during, or immediately prior to, divorce. If your spouse or ex-spouse filed for divorce, creditors cannot attempt to collect on any debts arising out of the marriage. If the debts are marital debts, however, creditors can attempt to collect these debts from you. This can create obvious problems. Our lawyers can advise you as to whether filing bankruptcy is in your best interests. If it is, we can help you achieve a fresh start through Chapter 7 bankruptcy, or by restructuring your debt in Chapter 13.

Most debts associated with divorce cannot be discharged in bankruptcy. For instance, one cannot discharge unpaid child support or spousal support obligations. Further, if you owe your spouse money from a property settlement, or vice versa, these obligations can only be discharged in Chapter 13 bankruptcy. We understand filing for bankruptcy and filing for divorce are momentous decisions. Our law firm will help you move forward during this difficult time.

Contact Us for More Information

If you — or your spouse — filed for bankruptcy during divorce, contact our firm. We will sit down with you and explain your financial and legal rights and responsibilities to you. To schedule a consultation, call 609-482-3138 or 866-437-1189 or contact us online.