Experience True Debt Relief – Call 310-584-7702 Today

Weintraub & Selth, APC

PLEASE NOTE: In response to COVID-19 (click here), we are offering our clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options. Thank you.

Weintraub & Selth, APC
Experience True Debt Relief
310-584-7702

In response to COVID-19, we are offering our clients consultations via telephone or through video conferencing. Please call our office to discuss your options.

Bankruptcy & Divorce
  1. Home
    2.  ► 
  2. Personal Bankruptcy
    3.  ► Bankruptcy & Divorce

When Bankruptcy And Divorce Mix

Divorce is often caused or accompanied by severe financial stress.  It’s not unusual for one or both of the parties to file for bankruptcy protection.  Filing for bankruptcy during divorce can also provide significant strategic advantages to the party filing for relief.  Often the first to file for bankruptcy gains a strategic advantage.

The attorneys at Weintraub & Selth, APC have used bankruptcy to bring to a conclusion difficult divorce cases that have dragged on for months or even years in the divorce courts. Our lawyers also represent the rights of the non-bankruptcy creditor spouse when the other spouse files bankruptcy.

Our attorneys also represent spouses awarded money during or after divorce to attempt to enforce their claims. Finally, we represent divorce attorneys in collecting the fees and costs they have been awarded by the divorce court. While the laws surrounding divorce and bankruptcy can be complex, our lawyers can help. If you are contemplating filing for both bankruptcy and divorce, then timing can be critical.

Should You File for Bankruptcy Before The Divorce?

If you and your spouse are at a place where you can cooperate and work together with your bankruptcy attorney, then you should strongly consider filing for bankruptcy before filing for divorce. By filing jointly, all your marital debts will be addressed under a single bankruptcy case. In this way, your joint debts can be discharged which should make the division of assets simpler in a divorce case.

This is also helpful if only one spouse has an above-average income money since it will increase the chances of qualifying for a Chapter 7 bankruptcy for that spouse. Bankruptcy will also help you eliminate those contracts that neither one of you wants or is unable to keep, such as high car loans or mortgages that are underwater.

If you qualify for a Chapter 7 bankruptcy, the process should be complete in about 3½ months. Therefore, you and your spouse can eliminate those unsecured debts and remove any conflict over them. If, however, you file for Chapter 13 bankruptcy, be aware that both you and your spouse will be responsible for the repayment plan for the full 3-5 year plan period and you may also be prevented from dividing assets by sale.

Or Should You File for Divorce First?

If your joint income is too high to qualify for Chapter 7 bankruptcy, then filing for divorce first might make more sense for the lower-earning spouse. For example, if you make significantly less than your spouse you may be able to qualify for Chapter 7 without a Chapter 13 payment plan after you are no longer married.

Contact Us

Proper bankruptcy planning in a divorce is key. Call our Los Angeles office today at or use our online form to tell us about your circumstances and let us help you make the decision that is right for you.