Question

Can we go through bankruptcy and divorce at the same time?

What kind of lawyer can help my wife and I go through a divorce and a bankruptcy as part of it too?
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Lorene Lynn Mies, APLC
Lorene Lynn Mies, APLC | TheBankruptcyMinute.com
38975 Sky Canyon Drive Ste# 204 - Murrieta, CA 92563 | 866-703-5874
They are two separate proceedings. One is in federal court and the other in state court. Not something that you can combine. There are some attorneys that practice both family law and bankruptcy law but I can already see a conflict. You really should use separate attorneys for both the divorce and the bankruptcy. And you and your intended ex- spouse should not use the same attorney. Too much room for a conflict to exist.

Answer Applies to: California
Replied: 9/3/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.
Actually, you can file a bankruptcy and divorce at the same time. Sometimes only one spouse needs to file but the other spouse gets a phantom discharge as a bonus without filing, so there could be an advantage to filing while going through the divorce. We do both Bankruptcy and Divorce.

Answer Applies to: California
Replied: 9/3/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Goldberg Jones
You will likely need 2 attorneys. One to do the divorce and one to do the Bankruptcy. Yes you can do them at the same time.

Answer Applies to: California
Replied: 9/2/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Mark J. Markus
Yes, you can, although any property settlement or division of assets would have to wait until the bankruptcy was completed, but the dissolution of marriage can occur during the bankruptcy, if necessary.

You would need a bankruptcy attorney for the bankruptcy, and a divorce (family law) attorney for the divorce.

Answer Applies to: California
Replied: 9/2/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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