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Bankruptcy Law/divorce and bankruptcy

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Expert: - 9/5/2006


Question
Hi Leon,

I am currently in divorce proceedings, we don't have any assets together (home, car, etc.), we do however have a substantial amount of debt. Our marital debt is summed to be $90,000.  I am being advised that my spouse and I should file bankruptcy jointly because we will not be able to pay off our debt. My spouse has decided to hold off on filing to hold off our divorce. The only thing holding up our divorce is the marital debt situation. 75% off the debt is my spouse's from medical bills.  I am being told that if we don't file bankruptcy jointly prior to our divorce, I can be liable for 60% of the debt (My income is greater than his).  If I proceed with my divorce without filing for bankruptcy jointly and it is deemed by a judge that the debt is in the divorce settlement, can I file for the  bankruptcy myself to wipe out this debt or am I still liable because it is a court appointed debt?  Will my spouse be able to file for bankruptcy once the divorce is settled and have it wiped out on his end, because it is his debt?

Answer
You can file your own individual bankruptcy case right now, on your own, (assuming you are otherwise eligible). You don't have to file jointly with your husband, and you don't have to wait for the the divorce. Delaying this to talk your husband into a joint filing makes no sense to me, because your husband has shown that he is uncooperative and has a different agenda. Your're getting divorced anyway, so I would stop worrying about what he wants, and get on with my own life.

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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