As a consumer bankruptcy attorney, I often find myself reassuring folks who come into my office for consultations that the filing of a bankruptcy won’t be published in the newspaper, that their employer won’t have to know, that their kids won’t have to know, or that the neighbors won’t be talking about them at the [...]

Divorce and bankruptcy often go hand in hand.  What many people don’t realize is that filing for bankruptcy can make a divorce easier by eliminating the fights and concerns over paying debts that the individuals are not in a position to pay.   Financial problems can contribute significantly to marital problems, so it isn’t surprising that [...]

An all-to-common picture of American domestic dysfunction: a married couple whose marriage cannot be retrieved from the abyss of discord, who trudge into the office of a bankruptcy lawyer to discuss their mountainous load of unsecured credit card debt.  As expected, the husband has the lion’s share of the debts in his name, but the wife [...]

The US Court of Appeals for the Seventh Circuit has just decided that Illinois residents cannot claim a homestead exemption on a house in which they live unless they have some record title interest in the property.  In re Belcher, (7th Cir. 07- 2174, December 31, 2008).   Often, one spouse may hold title to a [...]

Married couples can file a “joint” bankruptcy under any chapter of the law in which an individual can also file.  But what if the marriage doesn’t work out?  Do they have to stay in their case together?
Virtually every court concludes they don’t.  In such cases the court would allow the two parties to the case [...]

Chapter 7 debtors, married but filing alone, may be harmed by the required but incorrect Means Test form.  The form ignores the Marital Adjustment when comparing “Current Monthly Income” to median income and might unlawfully disqualify a debtor from Chapter 7 protections.
The Means Test begins by comparing a debtor’s Current Monthly Income to median income. [...]

Bankruptcy attorneys across the country are vigorously split over the practice of representing separated spouses. Those in favor point out that it is permitted, even contemplated by the Bankruptcy Code, and it allows debtors of limited income and assets to save bankruptcy fees and costs.
Those opposed reach that position because of potential or actual [...]

Divorce attorneys like to insert language in the divorce agreements or decrees reciting that certain obligations are not dischargeable in a subsequent bankruptcy case by one of the ex-spouses.  Now there may be differing opinions on what parts of a divorce decree are or are not dischargeable in a bankruptcy, but such language does not [...]

As a Consumer Bankruptcy Attorney, I meet with individuals seeking bankruptcy information everyday, and I answer their questions about their financial situations. Sometimes they are individuals, but the majority of the time I meet with husbands and wives, and I prefer it this way. I can usually tell who made the consultation and [...]

You might be wondering if filing bankruptcy without your spouse is a good idea. The answer depends on whether your spouse has significant debts to discharge in a bankruptcy, and whether your spouse is responsible for the debts you intend to discharge in your case.
If you live a community property state, generally your spouse [...]