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Bankruptcy Law/Bankruptcy and Divorce

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Question
My husband and I separated 6 months ago and filed Chapter 7 last week.  I'd like to get the divorce started, but am unsure how or if it will affect the BK outcome.  There are no assets to distribute to creditors; we are surrendering the house and my car; he is affirming his car.  Can I file the petition for divorce before the BK is discharged without screwing up the BK??

Answer
Generally there is no problem with you commencing the divorce proceedings while you are in bankruptcy proceedings. You should make you attorney aware of this to ensure that there are no issues or problems that are presented by filing the divorce. Depending on the circumstances of the case it may be advisable to separate the cases if it is in your best interest.

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Norma Duenas - California Bankruptcy Attorney

Expertise

Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: California Bankruptcy Attorney - Riverside, Los Angeles, & Orange County

Experience

Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 and Chapter 7 bankruptcy.

Organizations
California Bar Association American Bar Association
Riverside Bankruptcy Attorney

Education/Credentials
University of California, Irvine, BA in Criminology, Law and Society California State University, Los Angeles MS in Criminal Justice University of San Diego, Law School, JD Cum Laude

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