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Should I get a divorce before or after bankruptcy?

August 6, 2009

The decision to file for bankruptcy before or after divorce will depend on a few factors. If you are married and your spouse declares bankruptcy, it may be a good idea to join with your husband in filing for bankruptcy, particularly in a community property state such as Texas. A joint bankruptcy will wipe the slate clean of debts for both of you.


If the divorce is complete before your husband files for bankruptcy, you may not be included in the bankruptcy. However, if bankruptcy is inevitable for you as well, it probably will be cheaper for you and your spouse to file jointly for bankruptcy before you complete your divorce proceedings. If you don’t join in the action, his bankruptcy will only get him off the hook for joint debt and the creditors may pursue you to collect the full amount.


Each financial situation is different. Consult a competent bankruptcy attorney who represents debtors to find out what works best for you. For a free bankruptcy consultation contact bankruptcy law firm, Fears | Nachawati, toll free at 1.866.705.7584 or via e-mail at



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