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Getting Divorced During Bankruptcy – What Happens?

Getting divorced during a bankruptcy presents major ethical considerations for your Georgia bankruptcy attorney when a husband and wife file a case together (See Georgia Model Rules of Professional Conduct).  In an individual case, your Georgia bankruptcy attorney may simply need to file amendment reflecting the loss income of the spouse and a new expense list.  In either situation, the bankruptcy attorney will need to sit down with the client and review the entire case.Divorce in Joint Bankruptcy CasesIn a joint case, your attorney has an ethical duty of loyalty to both the husband and the wife.  How can your...

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Bankruptcy and Divorce Orders

Bankruptcy often follows divorce. I recently met with a bankruptcy client in my Rome GA office who went through a nasty divorce proceeding about two years ago. The judge in the divorce case ordered my client to sign his interest in a house with equity over to his now ex-wife. His ex-wife and his four children still live in this house.After the divorce, my client had a tough time paying his child support and his living expenses. Hoping that his situation would improve, he incurred some credit card debt to make ends meet. Unfortunately for my client, things did not...

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Should I File Bankruptcy Before or After the Divorce?

In my sixteen years of experience as a bankruptcy attorney, I have seen many clients who have been forced to file either Chapter 13 or Chapter 7 because of a recent divorce.  When the household income is cut in half but the household expenses remain the same, paying credit card debt is almost impossible.I understand that some couples may be in such a heated situation that they both want the divorce to come as fast as possible.  However, sometimes it makes sense to slow things down and to file bankruptcy before getting divorced. Avoid Future Headaches A common post-divorce example is that...

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