If you are on cusp of filing for divorce in Oregon and need to figure out what to do about all the debt, meeting with an experienced Portland or Salem Bankruptcy Attorney is likely a great first step.
If there aren’t any potential conflicts between you and your spouse (no secured debts, no potential child support obligations, no tax issues, just a bunch of unsecured debt), filing together prior to dissolution is often a great way to resolve the debt issues and save alot of money in the divorce since you no longer have to spend any time and attorney fees figuring out who is going to deal with the credit cards and who is going to handle the collectors.
If there are potential conflicts, you will need to file individually. For example, if you are both on the boat and car loans, he wants to keep them and you are worried that he might not be able to later, you should probably not file together. You want to keep the house, he isn’t so sure, you want to get rid of the cars, he wants to keep making payments.
Your spouse’s income level can also be an issue. Let’s say he makes more than you do and he doesn’t qualify for Chapter 7 bankruptcy, only Chapter 13. Do you really want to be part of his Chapter 13 when you can file Chapter 7 alone later after the divorce. Normally, you wouldn’t but, under some circumstances it might actually be helpful. Only you with the help of your Portland or Salem, Oregon Bankruptcy attorney can tell.
What you are going to owe your spouse after bankruptcy or what he is going to owe you is also going to have a huge impact on what kind of bankruptcy you opt to file and whether you file with him. Ultimately, if there are debt issues of any kind, you should meet with an Oregon bankruptcy attorney prior to finalizing the divorce. If you do have questions about divorce and bankruptcy , please feel free to give our office a call or set an appointment at either our Salem or Portland, Oregon Bankruptcy Law Offices.a