Is it legal to file a Chapter 7 during a divorce?

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Is it legal to file a Chapter 7 during a divorce?

Husband filed without my knowledge. Under temporary orders debts were split. Spouse with 4 times the income filed bankruptcy. Debts are marital debts (mostly medical). I was told that I could not file bankruptcy until divorce was final because of his high income and that I could not refinance my high vehicle loan because of his credit being attached to mine. I was given more debts to pay per month with 1/4 the income, yet he filed Chater 7. How can this be? Is it legal?

Asked on January 4, 2011 under Bankruptcy Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well he certainly found a way to get you in this divorce, didn't he?  Do you have an attorney?  I have to tell you that I am not that familiar with bankruptcy law and the divorce laws vary from state to state.  But I think that you may need to be a bit creative in all of this and try to undo some of the damage by filing motions that may have no real basis in law but would appeal to the court based on the equity of the situation.  I would try and move to set aside the bankruptcy based upon fraud, misrepresentation and any other theory of law your attorney could come up with.  I would even raise a question as to collusion here in trying to place you in a position of financial harm in order to try and gain some leverage in the divorce action.  Who advised him to file here?  I might even file a claim as a creditor in the bankruptcy action too, even though that may never fly.  Something, anything that shows you are not taking this laying down.  You need someone willing to go to the mat here.  Good luck. 


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