Is it reasonable to file for a divorce than a bankruptcy?

Asked over 4 years ago - San Francisco, CA

Prior to our marraige, my spouse has accrued some debts. (Mortage loan and debt from her previous marriage)

However she currently is not allowed to file for bankruptcy because she was told by an attorney that her current 'income value' would include my income as well which is above the 'criteria' for Chap 7 bankruptcy.
(is this true?)

Now our new approach is that we will file for a divorce then she can be qualified for a bankrupty with her current income and then she can clear out her previous debt. Is this a reasonable strategy? What are the pros and cons in taking this approach?

Attorney answers (1)

  1. Daniel J Wilson

    Contributor Level 8

    Answered . Great question! First thing, see another bankruptcy attorney. This is an art not a science. Some lawyers are more experienced, some are more creative, some are more willing to push the limits. I tend to push the limits as far as I can when trying to get a client into a Chapter 7. Alternatively you might be able to do a Chapter 13 plan with reasonable payments. I think getting divorced in order to qualify for the Means Test is a little extreme. Good luck.

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