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How to understand bankruptcy during middle of a divorce?

Toccoa, GA |

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?

Attorney Answers 5

Posted

You should speak to a bankruptcy attorney.

The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.

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Posted

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.

ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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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!

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Posted

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: hmgrmg@yahoo.com, 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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Posted

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.

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