Facing A Divorce And A Bankruptcy In Pennsylvania?
Divorce and bankruptcy often go together. In some cases, it is financial stress that leads to the divorce. In other cases, the cost of maintaining separate households leads to excessive debt and the need for a fresh financial start.
At Rowe Law Offices, P.C., our attorneys offer a free initial consultation to discuss bankruptcy and how it may affect your divorce. We have offices in Wyomissing and Lancaster, Pennsylvania.
Should I File Bankruptcy?
Bankruptcy may be an option if:
- You have unsecured debts such as credit card bills or hospital bills that you are unable to pay.
- You have a high mortgage that neither you nor your spouse can afford.
- You are facing issues such as creditor harassment, repossession or garnishment.
By filing bankruptcy, you may be able to get a fresh financial start at the same time that you are getting a fresh start in your personal life.
Should I File Bankruptcy Now Or After My Divorce?
The answer depends on your personal financial situation. In some cases, it may be more efficient to obtain a discharge of debt through bankruptcy than to divide marital debts. In other cases, you may be better off filing bankruptcy after your divorce. For example, if you own two residences, you and your spouse may be able to use the homestead exemption to protect both properties after your divorce.
If you file bankruptcy before your divorce is final, any settlement must be approved by the bankruptcy trustee. Certain debts such as child support cannot be discharged.