It’s no accident my largest source of bankruptcy client referrals is Lorain County divorce attorneys. They know their clients have an unmanageable debt load, and it often impedes meaningful settlement discussion. Divorce is no longer so much about splitting assets as it is assigning debt. While you are still married is the last chance either of you will have to file a joint bankruptcy case. If bankruptcy is in the cards for you, doesn’t it make sense to pay one attorney fee to receive the benefit of two bankruptcy discharges?
I Represent Each of You Equally
When Balena Law Firm represents a divorcing couple my client is the entity of the two of you. Unlike your divorce attorney who owes her allegiance to whomever she represents, I play it right down the middle. There are no secrets. That means full disclosure without limitation. The true glory of representing the divorcing couple in bankruptcy is that the personal issues that brought you to this point in your marriage are not relevant to what I will be doing for you. I won’t even ask.
Normally your two attorneys already agreed to have me be your joint bankruptcy attorney. That proves I can be trusted. My job is to clear up the marital debt so you both can move forward with your lives while leaving your debt behind.
Bankruptcy Can Delay Some Divorce Proceedings
Sound settlement strategy is a very good reason to file bankruptcy while your divorce is going on. There is, however, another less strategic reason your attorney might want you to file chapter 7 while your divorce is pending. It might be to buy time when there is an approaching trial date. Filing bankruptcy will result in an automatic stay that will stop parts of proceedings, even in family court.
Maybe your attorney needs to delay your case and the court won’t grant a continuance. If this is the reason for filing neither you nor I are likely to be aware of it. I will handle your divorce related bankruptcy filing like any other case. It will be for the purpose of obtaining relief from your creditors and a discharge of your individual and marital debt. Any ulterior motive will be on the part of your divorce attorney. There is one Lorain County divorce judge who considers any bankruptcy filing during a divorce to be a mere delaying tactic. That is an invalid conclusion, it is illegal, and is not a basis to ignore the protection the bankruptcy court provides.
Eliminate the Debt, Move on to the Real Issues
Filing bankruptcy during the pendency of your divorce case can be very beneficial to both of you, by eliminating your personal debt so you can give attention to resolve more pressing divorce issues leading to a faster, more effective, and more economical resolution.