Bankruptcy And Divorce: The Deadly Duo

Friday, April 16, 2010 by Mark Zuckerberg

Bankruptcy leads to divorce. Wrong! In fact, that's just the first of two wrong impressions many people have when it comes to bankruptcy. I'm no divorce expert, but, after almost twenty-five years as a debt consolidation lawyer and Indiana bankruptcy attorney whose talked with thousands upon thousands of couples, I can tell you that, if a marriage is breaking up, bankruptcy probably wasn't the cause. Not being able to pay the bills - now that probably was a big part of the cause. In reality, filing bankruptcy often strengthens a marriage by relieving some of the financial stress.

The second widely-held idea about divorce and bankruptcy, is that from a legal standpoint, one has nothing to do with the other.  Also wrong! As every one of the Indiana bankruptcy attorneys who work in any of the four Mark Zuckerberg bankruptcy law offices around the state of Indiana can tell you, without expert legal guidance from both a divorce attorney and a bankruptcy lawyer in Indiana, the combination of divorce and bankruptcy can be a very bad thing for everyone.

Here are just a few of the not-so-simple "bottom lines" on the divorce-bankruptcy thing:

Yes, divorce and bankruptcy are two separate legal proceedings.

BUT….
Property awarded in a divorce can sometimes be used to pay creditors in bankruptcy.

BUT….While divorce may break up a couple, financially speaking, the man and woman may still be tied to each other and be responsible for debts incurred while they were married.

BUT…in certain situations it could make a big difference which proceeding comes first.

Earlier this week (see "Indiana Bankruptcy Lawyer: You Can't Take The Personal Out of The Business") I wrote about Steven Carter Ross, owner of the Vogue nightclub.  Ross is involved in "a mix of business and personal woes" because the bankruptcy judge will be deciding if he gets to keep the Vogue or whether it will need to be sold to satisfy his divorce decree.

As I've learned over my many years offering Indiana bankruptcy help, sometimes you can't take the personal out of the business.  Well, another lesson I've learned, is that sometimes, under the new bankrutpcy laws in Indiana, you can't take the divorce out of the bankruptcy, or the bankruptcy out of the divorce!

 

 

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