Talk to a qualified Boston bankruptcy lawyer from Total Bankruptcy.
A qualified Boston bankruptcy lawyer may tell you that both spouses are responsible for the debts incurred during a marriage. If you are contemplating divorce and you are both in debt, you shouldn't file until after you see a Boston bankruptcy lawyer. Often couples divorce and then the ex-spouse hires a Boston bankruptcy lawyer to discharge his or her debts. However, if your ex-spouse files for Chapter 7, you may now be responsible for all of debts incurred during your marriage.
You might think your ex-spouse was the cause of your bad finances, but even after the marriage dissolves, you may still be in debt. You may be able to divorce your spouse but you don't necessarily divorce the debts you incurred during your marriage. Your divorce settlement may divide up the debts, assigning responsibility for some to one spouse and some to the other. But the divorce settlement may not bind your creditors, who may legally collect from both of you. If your ex should file for Chapter 7, creditors may come after you to pay. If you were barely making ends meet before, this may send you to a Boston bankruptcy lawyer very quickly.
So it may really make sense to see a sponsoring Massachusetts bankruptcy lawyer of Total Bankruptcy before you decide to divorce. If you are in debt and contemplating filing for divorce, it makes more sense for you and your spouse to file together, before getting a divorce. This way you should know where you really stand when it is time to divide up the property. It may save you both a lot of heartache and may even save you money. But Chapter 7 or Chapter 13 is not a way to avoid paying alimony or child support. These are not dischargeable in any Chapter 7 or Chapter 13 proceedings.
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Other things to know about bankruptcy Chapter 7 and Chapter 13 filings
When you file for either Chapter 7 or Chapter 13, you petition the court to issue an "Automatic Stay" order. This may prohibit any further action by your creditors to collect their debts from you. The harassing calls and bills may stop. You may not have to worry about repossession of your car or foreclosure on your home. You may be given the chance to get your life back. The Bankruptcy Abuse Prevention & Consumer Protection Act of 2005 may dramatically cut back on the rights of millions of debtors. The bankruptcy law mandates several restrictive tests, including the "Means Test," which limit the debtor's ability to qualify for Chapter 7 protection.
Debtors now are required to get a certification from a debt counselor that they made efforts to reduce their debts outside of the courts. This certification must be obtained at least six months prior to filing in court. In addition to the increased work and cost associated with obtaining a discharge, the court may now impose sanctions on both the debtor and his legal counsel if a Chapter 7 is denied or changed to a Chapter 13.
Call our attorneys at 1 (877) 349-1309. You may also use our online case evaluation form for a free consultation.
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The purpose of this web site is to help you learn everything you need to know about bankruptcy, the process, your bankruptcy attorney and your legal rights. The best place to start is with the U.S. Bankruptcy Code. It delivers protection to people in financial jeopardy who are suffering under mountains of debt. Bankruptcy is your legal right.