Legal Question in Bankruptcy in Texas

My wife and I have been married for 6-years in Texas. We recently discovered that my wife has three separate 10-year old default judgements against her from another state (Virginia) for debts that she was never notified about. On the advice of several attorneys in both states, we have pursued Chapter 7 bankruptcy protection for her. Unfortunately, she does not qualify because of my income. If it were only her income being considered, then she would qualify for Chapter 7.

We are trying to determine if it is legal for us to file an uncontested divorce solely for the purpose of her Chapter 7 qualification.

Asked on 6/13/17, 6:42 pm

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

If you were to go to such an extreme step you would face much scrutiny. In my opinion you would both have to genuinely cease to co-habitat. There are other ways to potentially get relief from these judgments. Please feel free to visit my website or call me. I am in your zip code and I have been practicing bankruptcy law for 27 years.

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Answered on 6/13/17, 7:16 pm

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