Filing Bankruptcy and Divorce at the same time
Yesterday I had a Chapter 7 debtor come in to attempt to take his credit counseling class so we can get things rolling. The issue is when he first came in he was going to file with his wife. They are now going through a divorce and he can’t seem to get in touch with her and she won’t respond. The interesting thing is that she called yesterday as well and was going to come by to drop off some additional information for the filing. I explained to her that if she wanted to file with her husband she needed to be here at his signing. She wanted to come in earlier to sign, but explained to her that the attorney prefers to handle the signing at the same time. I told her that she will need to communicate with her husband to get the filing taken care of. Also explained to her that there is a hearing that she will be required to attend with him and she will have to make sure she is there. In short, I am trying not to permit getting caught in the middle of their family dispute. It is one thing to have your problems, but it is not necessary to drag other people in the middle. We are not the divorce attorney’s where we represent only one person, but we represent both parties. Consult with your attorney if you have any issues like this one.
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