Legal Question in Bankruptcy in Wisconsin

Filing for Bankruptcy while going through Divorce

Me and my husband are filed for divorce right now. The divorce will be final on November 10th. I am now aware of my husband's enormous amount of debt and he told me he will file for bankruptcy after our divorce. I found out that creditors will come after me if he does this. We were advised to file bankrupcy together before the divorce. My question is, if I file for bankrupcy now, will this be finalized before November 10th, seeing as though that is only less than 6 weeks away? I am reading that is usually takes a few months for everything to go through. Would it be okay if we were to file before the divorce, even if it may take longer than November 10th? What would be the best way to go about this? I am in Wisconsin.


Asked on 9/23/03, 5:03 pm

1 Answer from Attorneys
Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Filing for Bankruptcy while going through Divorce

Hello,

The matters of divorce and bankruptcy are complex, thus even more difficult to anwer over the internet. I can say that it is unlikely that your bankruptcy will be final before the divorce is. It would take about 60 days or so at best. I am not sure if it makes a difference if you file before or after the divorce. It is possible that the bankruptcy could slow the divorce down. My suggestion is to consult with a lawyer who does the bankruptcy. You can call one even before you file and they will answer that question without charge just to get the work. If it is a problem, it should be possible to file separately (though there would be 2 filing fees) after the divorce.

Best wishes, Mark J. Mahoney

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Answered on 9/25/03, 8:56 am


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