Legal Question in Bankruptcy in Texas

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

Asked on 10/27/09, 11:04 am

3 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

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.

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Answered on 11/01/09, 11:19 am
Rustin Polk

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

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Answered on 11/01/09, 6:21 pm
William D. Weber Weber Law Firm, P.C.

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


6666 Harwin Drive, Suite 220

Houston, TX 77036-2251


(713) 789-3300 Telephone

(713) 893-6004 Fax

(832) 723-7970 Mobile

[email protected] E-Mail Internet

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Answered on 11/02/09, 1:22 pm

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