My husband abused me so I filed for divorce, during this time I lost my job and unable to pay my bills, so after months not being able to pay bills I am being threaten by my creditors with phone calls stating my creditors will take legal action. I have no money and currently relying on government help for food and medical care and community outreach groups to help me since my husband has refused to help me financially, he has everything, I left the home to avoid further abuse from him. I'm being forced to file bankruptcy, should my divorce lawyer handle this or should I seek out the assistance of an attorney who specializes in bankruptcy?
Divorce / Separation Lawyer
You should speak to a bankruptcy attorney.
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5 lawyers agree
Divorce / Separation Lawyer
Some lawyers, such as myself, do divorce and bankruptcy, so they could handle both. If your lawyer doesn't regularly do bankruptcy, then you'd hire a different lawyer for the bankruptcy.
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Chapter 7 Bankruptcy Attorney
Does your divorce lawyer handle more than 50 bankruptcy cases in a year? If not, how many bankruptcy educational classes does s/he take in a year? Some attorneys manage to do both areas of law equally well, but the best attorneys done one thing well. Hope this perspective helps!
Unless your attorney does both divorce and bankruptcy, you would need a separate bankruptcy attorney who is able to work with your divorce attorney. If you have no property and no income, you are a prime candidate for a chapter 7. However, the outcome of the divorce could change your circumstances, and an ongoing bankruptcy could affect your ability to keep some of what you are awarded from your husband. Therefore, there are situations where you may want to wait until the divorce is over to determine whether or not you would even need to file.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL: firstname.lastname@example.org, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
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Family Law Attorney
If you have a divorce lawyer, and your husband has money, it would make sense for your attorney to push for temporary support, whether it be through a temporary hearing, mediation or otherwise. That could help you get some relief that might prevent you from having to file for bankruptcy. Depending on the facts, filing for bankruptcy may impede your ability to get a divorce, so please seek wise and experienced counsel.