Texas  |  Bankruptcy

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10/27/09, 11:04 am

Legal Question


I have a divorce pending. How soon after the divorce is final can I file for bankruptcy?


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11/01/09, 11:19 am

Legal Answer


You can file now. If you are married you can file a joint petition for you and your wife and pay only 1 filing fee or an individual petition for just you. Some obligations related to divorce such as child support cannot be discharged. Some can. You should consult your divorce lawyer as well as bankruptcy counsel before filing. Depending upon your situtation, it may be a good idea to make a joint filing for bankruptcy before the divorce is final.

Keith Engelke

Law Office of S. Keith Engelke 2313 Lockhill Selma Road #224 San Antonio, TX 78230

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11/01/09, 6:21 pm

Legal Answer


Mr. Engelke is correct-- most of the time it can be better for the couple to file jointly before the divorce is final.

If that is not an option, then the answer to your question of how soon you are allowed to file after the divorce is "immediately."

Rustin Polk

Dallas Bankruptcy Lawyer

www.214bankruptcy.com

Rustin Polk

214bankruptcy.com Polk & Associates Dallas, TX 75205

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11/02/09, 1:22 pm

Legal Answer


Yes can file either before or after the divorce becomes final.

It is impossible to determine whether you should file the bankruptcy case before or after the divorce becomes final without knowing the facts of your case. There can be compelling reasons to wait to file bankruptcy until after the divorce becomes final. There are also situations where it is advisable to file before the divorce become final. Consult with a bankruptcy lawyer on this issue.

William D. Weber

WEBER LAW FIRM

6666 Harwin Drive, Suite 220

Houston, TX 77036-2251

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(713) 789-3300 • Telephone

(713) 893-6004 • Fax

(832) 723-7970 • Mobile

wdw@WeberLaw.com • E-Mail

WeberLaw.com • Internet

William D. Weber

Weber Law Firm, P.C. 6666 Harwin Drive #220 Houston, TX 77036

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