Divorce for a Bankruptcy?

[wnagel]

What is the name of your state? KS

I have been going through a very rough custody over the last 10 years. The bills have been stagering. I filed bankruptcy 8 years ago and now have accumulated about another 100,000 of debt. My bankrupt attorney says that because I am married, that I cannot file again. Can I get divorced and then file bankruptcy? Can I still stay with my wife? Do the courts look for this loophole? Is this legal? How then does one partner in a marriage file bankruptcy?

 

[Ladynred]

My bankrupt attorney says that because I am married, that I cannot file again.

Is this lawyer even a BANKRUPTCY attorney ??

Sorry, but that's absurd. Of course you can file again and you do it whether you're married or not ! If you last filed 8 years ago, you CAN file again, but do it soon before the new law gets rammed thru the House.

Can I get divorced and then file bankruptcy? Can I still stay with my wife?

Divorce is NOT necessary - see above.

How then does one partner in a marriage file bankruptcy?

You file a petition with only your name on it. There is NO requirement for married couples to file jointly.

I strongly suggest you find another bankruptcy attorney !