My wife and I are getting a divorce and going through BK. Would it be more beneficial for me to get my bankruptcy first or let her go first?

UPDATED: Jul 6, 2009

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My wife and I are getting a divorce and going through BK. Would it be more beneficial for me to get my bankruptcy first or let her go first?

I currently have an appointment to see a BK Attorney at the end of July. My wife is seeing one today. We have $113,000 in debt seperate from the house. I am trying t keep the house and have not missed a payment. We both gross about the same amount of $4050 a month my commission as a salesman varies from $0 to about $1000 a month averaging about $600.Would it be more beneficial to me to let her file her BK first or should I try and do mine first since we are going to do them seperately?

Asked on July 6, 2009 under Bankruptcy Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm nor certain if it matters who files first here.  Without more details it is hard to know.  Your attorney can best advise you since he has access to your file.  One thing I can tell you is that if you are not living apart and legally separated the bankruptcy court will look at you collective incomes when it comes to deciding if you qualify for a Chapter 7 or in setting up your Chapter 13 repayment plan - even if you are each file on your own.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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