It is possible the bankruptcy attorney would file a Motion to Withdraw due to conflict of interest. During Chapter 13 your bankruptcy attorney represents the couple, yet a divorce could be considered a conflict of interest. If the motion is filed each spouse would seek their own attorney to continue their case. Another possibility is to have your case bifurcated or split. This may happen if you and your spouse filed together to meet income qualifications for the Chapter 13 filing or you failed to pass the means test. So if your case is split you could qualify for a conversion to Chapter 7 bankruptcy depending on your income. You may even continue with your Chapter 13 bankruptcy individually if split into two cases.
Source: allmandlaw.com
Video: Affordable Documents Bankruptcy and Divorce
The Messy Mix of Divorce and Bankruptcy in Indiana
As a longtime debt consolidation lawyer offering Indiana bankruptcy help, I’ve learned that a large number of the women who file individual bankruptcy had either gone through a divorce or were dealing with an upcoming divorce. As every one of the good bankruptcy attorneys in the five Zuckerberg bankruptcy law offices would agree, when divorce is part of the picture for women in bankruptcy, financial problems are often even greater. There are a couple of Indiana bankruptcy rules of thumb that you need to know to understand why the bankruptcy court ruled in favor of Ethel and did allow the $8,800 legal fee to be treated as a debt that could be discharged through bankruptcy.
Source: zucklaw.com
Ch. 7 liquidation clouds Melchiori creditors’ path
Mark Melchiori also faces a lawsuit in which his stepmother, Linda Melchiori, alleges that Mark Melchiori’s divorce from his wife was an effort to hide assets from creditors. Linda Melchiori, the widow of company founder Ugo Melchiori, alleged that the Mark and Heather Melchiori were “desperately in need of monies” and asked for a $100,000 loan and then a $1 million line of credit backed by Ugo Melchiori’s estate. The stepmother alleges the couple had “no intention of paying” and “had instead concocted a plan and scheme whereby they would file for divorce to attempt to shield their assets.”
Source: pacbiztimes.com
Filing for Bankruptcy in a California Divorce
If you are considering declaring bankruptcy during your California divorce, you really should consult an expert, preferably one in bankruptcy and one in family law. Filing for bankruptcy has a “ripple effect” in other courts in that there is an automatic stay of litigation until the bankruptcy case is adjudicated. This can have ramifications in your family law case. If you are concerned about finishing your divorce case quickly, filing bankruptcy might cause some delay, at least as far as property division is concerned. Of course, you or your spouse might apply for a release of the stay, but why complicate matters and add to your litigation expense. Also, as an aside, you might also consider how your family law will take the fact that you have filed for bankruptcy in the middle of your divorce. He or she is, after all, a potential or actual creditor, depending on how much you’ve run up your tab. There might be a little trepidation about continuing work on your case, as the bankruptcy court can reach into one creditor’s pocket if it finds preferential treatment and take back what was paid so as to fairly distribute it among the other creditors, depending on the facts and circumstances of your bankruptcy case. The temptation to file bankruptcy for many people paying support, or, more likely, not paying support, is to discharge child support arrears in their bankruptcy case. It is unbelievable how many people would actually consider not making good on their obligation to support their children, but the federal government, in its ultimate wisdom, has saved the children of the nation from the questionable judgment of any parent who seeks to discharge their child support debt in bankruptcy. Child support obligations are not dischargeable in bankruptcy. The interaction of bankruptcy law with family law is complicated, and you should definitely consult with an expert when considering filing bankruptcy during or after your divorce.
Source: divorce-docs.com
L.A. DIVORCE BLOG: WHAT SHOULD I DO IF MY BANKRUPTCY PUT MY DIVORCE ON HOLD?
QUESTION: My ex-wife and I filed an MSA, but before it was final I also had to file bankruptcy. At this point the bankruptcy has been discharged, but my ex-wife and I still have an agreement. So what is now needed to get the divorce off hold at the court. I have filed a copy of the bankruptcy discharge with the divorce court. I have a status hearing coming up. With an agreement in place, and the bankruptcy discharged, will the court issue a final Judgment on the divorce on or before that status hearing date? Does the agreement need to be resubmitted with current dates? ============================================== MY RESPONSE: You can address your questions to the Judge at the Status Conference. If you want to accelerate the process, and if the terms and conditions of the MSA are still valid and acceptable, you could submit a brand new Judgment package to the Court, with a newly signed MSA, and all other appropriate documents needed to complete the divorce (including but not limited to a Judgment, Notice of Entry of Judgment in quadruplicate, Appearance Stipulations and Waivers, Declaration re Default or Uncontested Dissolution, self-addressed stamped envelopes, and extra copies of the documents for the clerk to conform), and your case will be in line for processing by the Judgment Clerk far earlier than it would be if you wait for the Status Conference.
Source: blogspot.com
Bankruptcy During Divorce: What You Need to Consider Before Filing
Financial matters both before and after a divorce can be difficult to resolve and may become too overwhelming for either party to handle. Deciding to file for bankruptcy may be a sensible decision for some, but a number of things should be considered before doing so as it may or may not solve your financial problems. For questions regarding bankruptcy and divorce, call (866) 290-9292 to schedule a complimentary consultation with Montgomery County bankruptcy in divorce attorney Sheryl R. Rentz, who can help you decide what course of action is best for you, your family, and your future.
Source: srrentzlaw.com
Death, Divorce and Bankruptcy and the Listing Agent
The reason you care about Bankruptcy is that there may be details out there that need to be attended, things that will take time. Bankruptcy is frequently about financially messy situations and that mess may or may not have all gotten straightened up in the bankruptcy. I recently did a short sale where I got to make 2 judgments go away before we could sell the property. There had been a bankruptcy but for one reason or another these judgments weren’t included. There was also a paid-off but unreleased prior lien with a private lender. (Just about every single word in the prior sentence is a trouble-magnifier!) We had to track down that person and get a release. It wasn’t hard to do. It just took time to make it happen. So, while I was sending off reams of documentation to the short-sale lender, I was working on these title issues on the side. I love my job. I really do. No one has ever suggested that this job is boring!
Source: trulia.com
Colorado Springs Law Firm – Why Divorce and Bankruptcy Often Go Together
Disclaimer: The information on this website is not legal advice. No attorney-client relationship is created via the information on this website. Blog articles and other items on this website are for nonspecific informational purposes only. The information on this website is not intended to address your specific legal problem. All legal situations are unique and you should consult with a lawyer for guidance based on the facts of your legal case. The laws of Colorado and different jurisdictions may change since the publication of articles on this site. You should never act based on the information on this website without first consulting with a licensed Colorado attorney. The Marrison Family Law LLC assumes no liability for the interpretation or use of information on this website.
Source: marrisonlaw.com
Boise Divorce Attorney (208) 472
As soon as they are notified of your bankruptcy, creditors must stop all collection efforts. The bankruptcy court will send out a notice to all the creditors you have listed on your petition (one more reason you want to make certain you have listed everyone). Although the right to have creditors stop harassing you begins immediately upon your filing bankruptcy, it can actually take a couple of weeks for those notices to reach and go through all the proper channels. In the meantime, if you get a call from a creditor you can inform them that you have filed bankruptcy. It is important to notify them of the case number so they know that your claim is legitimate. While it isn’t always necessary sometimes it might take a telephone call from your Boise Bankruptcy Lawyer to get them to stop before they have received the actual notice from the Federal Bankruptcy Court. One important word of caution. If you have been sued and have a pending collections case against you, you should have your Boise Bankruptcy Attorney give the attorney for the creditor a call. This will prevent any action against you from being taken before they receive the notice from the Bankruptcy Court.
Source: blogspot.com