Legal Question in Bankruptcy in Indiana

Re: can you file while in the midst of divorce?

1) Yes, youo can file for bankruptcy in the middle of a divorce. Please consult with a bankruptcy attorney regarding timing and your divorce lawyer. I don't recommend filing in the middle of adivorce - wait until it is final.

2) Some things ordered by the divorce court can go away, others may not. Some things like child support generally do not go away. Some things like property settlement agreement may not go away. It depends on what was orderd. Again, speak with a professional about this.

3) A spouse can protect themselves by filing an objection to debt ordered to be paid from going away in the bankruptcy. It depends on what was ordered though. I would advise you to speak to a competent bankruptcy attorney about how to protect yourself.

3)

Re: can you file while in the midst of divorce?

Yes you can file while in the middle of a dissolution proceeding. Often it is advantageous to do so, particularly if both parties need to file. If you and your soon to be ex spouse have joint obligations and there is also child support to be paid, it can make sense for you both to file (it saves a filing fee and the extra attorney fee) and enables the person who has to pay support to not have to deal with the bills from the marriage too.

There are a number of attorneys who specialize in bankruptcy that also are specialists when it comes to marital debt vis-a-vis bankruptcy and most offer free initial consultations. Call one soon to at leasat discuss the options available to you. Good luck!

John E Bator

Bator Redman Bruner Shive & Ludwig, P.C.

151 N.Delaware Street

1106 Market Square Center

Indianapolis, In 46204

317-685-2426

[email protected]