Couples battling with marital and financial problems may consider filing for bankruptcy and divorce at the same time. In this case, Chapter 7 and 13 are the most appealing options to consider because they can enable you to reorganize your finances and even get some debts discharged. It is also possible to get into a court approved repayment plan for you to gradually recover from money problems. A proficient bankruptcy attorney in Michigan and dispense information about ways a bankruptcy petition can influence divorce settlements.
The family court will determine how marital debts will be shared. You may hence find yourself with new financial obligations that will lie squarely on your back. Based on your precise situation, you need to know which type of bankruptcy suits you best. Ideally, you want your petition to have the least possible impact on the divorce settlement.
When filing for Chapter 7, you must understand that your child maintenance and support obligations cannot be discharged. Normally, your ex-spouse will still be able to legally demand for the unpaid child maintenance monies. In case you choose Chapter 13, you will get a chance to repay all arrears over time. Your former spouse will even so need to agree to the arrangements you propose.
Cosigned debts are considered marital debts and the courts could decide on who needs to settle them. Even so, they cannot alter the terms of the original agreement between a couple and the lender. This means that both partners will still be legally liable and you may find yourself exposed if your former spouse decided to file for bankruptcy.
It is possible to avoid the chances of lenders coming after you because of debts that your ex should settle. If you are in money problems and your marriage is also failing, talk to a lawyer before choosing a course of action. The attorney will review your matter and determine whether you should file for divorce before bankruptcy, or vice versa.
In case the family courts order that you should receive a portion of the retirement benefits of your ex, you are likely to wonder how bankruptcy can influence this arrangement. The good news is that most states exempt pension monies during bankruptcy proceedings. This also means that your settlement will remain unaffected.
If retirement benefits are not exempted, only the share of the petitioner will be garnished. After all, the passed divorce order will transfer ownership of your portion of these benefits. As the bankruptcy courts pass their ruling, they will only consider the estates of your ex, meaning that only what the petitioner owes will be seized.
Filing for divorce and bankruptcy is not an easy matter and there are more than a few major complexities that will be involved. It pays for you to see the full picture of how things will turn out, before you even make your first step. For you to save yourself from unwarranted headaches, choose to hire an attorney who is well-versed with bankruptcy laws, financial matters and family law.
The family court will determine how marital debts will be shared. You may hence find yourself with new financial obligations that will lie squarely on your back. Based on your precise situation, you need to know which type of bankruptcy suits you best. Ideally, you want your petition to have the least possible impact on the divorce settlement.
When filing for Chapter 7, you must understand that your child maintenance and support obligations cannot be discharged. Normally, your ex-spouse will still be able to legally demand for the unpaid child maintenance monies. In case you choose Chapter 13, you will get a chance to repay all arrears over time. Your former spouse will even so need to agree to the arrangements you propose.
Cosigned debts are considered marital debts and the courts could decide on who needs to settle them. Even so, they cannot alter the terms of the original agreement between a couple and the lender. This means that both partners will still be legally liable and you may find yourself exposed if your former spouse decided to file for bankruptcy.
It is possible to avoid the chances of lenders coming after you because of debts that your ex should settle. If you are in money problems and your marriage is also failing, talk to a lawyer before choosing a course of action. The attorney will review your matter and determine whether you should file for divorce before bankruptcy, or vice versa.
In case the family courts order that you should receive a portion of the retirement benefits of your ex, you are likely to wonder how bankruptcy can influence this arrangement. The good news is that most states exempt pension monies during bankruptcy proceedings. This also means that your settlement will remain unaffected.
If retirement benefits are not exempted, only the share of the petitioner will be garnished. After all, the passed divorce order will transfer ownership of your portion of these benefits. As the bankruptcy courts pass their ruling, they will only consider the estates of your ex, meaning that only what the petitioner owes will be seized.
Filing for divorce and bankruptcy is not an easy matter and there are more than a few major complexities that will be involved. It pays for you to see the full picture of how things will turn out, before you even make your first step. For you to save yourself from unwarranted headaches, choose to hire an attorney who is well-versed with bankruptcy laws, financial matters and family law.
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