Can I file bankruptcy for shared debts during a divorce? – Answered by Lawyer James Wingfield in Worcester, MA on September 22, 2011 - LawQA.com

Can I file bankruptcy for shared debts during a divorce? – Answered by Lawyer James Wingfield in Worcester, MA on September 22, 2011 - LawQA.com

My husband and I are getting ready to file for divorce. We have 40,000 in credit card debt. Some in his name with me as an authorized user. Some in my name. He lost his job a year ago and is on unemployment. We now have $11,000 in hospital bills from him but the insurance is in my name. If we divorce can I file bankruptcy on all to get all debt wiped out, or does he have to file also?

You can file for Bankruptcy either before or after your divorce is finalized. I would not, however, recommend filing alone if you are in the process of a divorce. If you must file now, it is best for you and your husband to file together (it will leave you both with one less thing -- debt-- to fight over in the divorce). If you must file alone, you should wait to file until after the divorce is finalized just be certain your separation agreement / divorce judgment, specifies that you each are responsible for your own debts, and not for any of each others debts. Your bankruptcy will wipe out YOUR liability under the joint debts, but not your husbands debts. If you file separately, he will still be liable for the debts.

Even if you decide to wait, it is useful for you to have a bankruptcy attorney involved at an early date. I often like to review divorce agreements (particularly for the language surrounding division of assets, debts and payment from one party to the other) so that I can best protect my clients when we eventually file a bankruptcy case. To schedule a free consultation with an experienced bankruptcy attorney, call the Law Offices of James Wingfield today at 508-797-0200 or visit the contact page on our website.