Divorce and Bankruptcy

Many times the consequence of going through a divorce is financial devastation. Now one household is split in two, with double the expenses, without any financial help from family or other sources, one or both spouses may have to file for Bankruptcy.

Serious health problems or loss of income are other major precipitators of financial distress. Many people fear the stigma of filing for bankruptcy. However, one’s credit rating is most likely not good anyway.

It is illegal for creditors or collection agencies to harass you or make threats if a bill is past due. Of course they can ask to be paid, but cannot call you at work if you have notified them in writing that you do not wish for them to do that.

Filing a bankruptcy petition will stop creditors from continuing the debt collection practice. If you want to deep certain items such as your car or certain credit cards, those debts can be reaffirmed, that is you can continue to keep those credit cards or your car. You may also be able to keep your home depending on the amount of equity in the property.

The Bankruptcy Law has changed. Now a debtor must complete an assessment to determine if he qualifies for bankruptcy protection. This “means test” looks at the debtors income and expenses, and one must meet this criteria before filing the bankruptcy petition. Next, protection is still available in some way either through a complete dissolution of assets or a reorganization wherein only a certain amount is paid on a debt over a period of time. Most attorneys will have an initial meeting on a reduced fee or complimentary basis. Investigating this remedy for debt relief should not be overlooked.
 

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