Legal Question in Bankruptcy in California

divorce and bankrupcy

our debt together is about45k.we just sold our home short sale,with a 100k loss.we are having a amlicable divorce,should we file bankrupcy before the divorce?weve been married 7 yrs.


Asked on 3/02/08, 3:51 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: divorce and bankrupcy

Normally, it probably wouldn't matter. It's usually best if both spouses do the bankruptcy before the divorce. It saves on preparing two petitions and two court filing fees.

However, because you just short sold your home, before you do anything drastic, you should consult with a tax advisor. There might be tax implications arising from the short sale that should be considered, especially if the home appreciated greatly in value since you purchased it. In that case, you might wait to file bankruptcy until you can discharge the tax obligation, if any.

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Answered on 3/02/08, 4:38 pm


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