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?

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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

Answers:

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

Answered 11 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.


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