If I'm going through a divorce in Pennsylvania can I file for bankruptcy?

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Question:

If I'm going through a divorce in Pennsylvania can I file for bankruptcy?

Answer:

Various laws govern divorce and bankruptcy in Pennsylvania that you should be aware of if you are trying to get out of debt and end your marriage at the same time. As a general matter:

  • It is possible to file for divorce and file for bankruptcy at the same time, but things can get very complicated very quickly
  • If you and your spouse are not filing bankruptcy together, it is imperative you understand how creditors will treat joint property and joint debt in the event of the bankruptcy. Just because your divorce decree says you are solely responsible for a debt does not mean a creditor will see it that way if your spouse was originally a co-signer on that debt. As such, if you declare bankruptcy on a debt that was held jointly, that debt could end up being your spouse's responsibility and the creditors could come after him or her.

Because of the legal complexity of both divorce and bankruptcy, you should always have a lawyer to help you through either process. This becomes even more imperative if you are trying to do the two processes simultaneously. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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