Can I Get Divorced and File Bankruptcy at the Same Time?

Posted by Kevin Ryan | Sep 02, 2016 | 0 Comments

     Bankruptcy cases unfortunately result from the occurrence of unforeseen circumstances.   Divorce is a common cause of bankruptcy.  Spouses incur joint debts and usually interconnect their financial assets to some extent.  When filing a divorce case, the spouses need to untangle their assets and divide them equitably.  

     When a bankruptcy case is filed, the U.S. Bankruptcy Court issues a "Stay" order that prohibits the transfer of any of the Debtor(s)' assets.  If a divorce case is pending, the Domestic Relations Court is also prohibited from issuing any order that divides the bankruptcy debtor's assets.  It is important, then, to meet with a bankruptcy attorney to determine the best time to file a bankruptcy case and what type of bankruptcy case to file.   This is particularly important when a Chapter 13 bankruptcy case must be filed, because that type of case can remain open for up to five (5) years.  During that entire time, the "Stay" order remains in effect, and the property of the debtor(s) cannot be divided by the Domestic Relations Court.   

     The United States Bankruptcy Code does allow a domestic relations court to establish, enforce, or modify a support order ( child support or spousal support) during a bankruptcy case.  In the Southern District of Alabama, you are required to file a Motion for Relief from Automatic Stay ( filing fee is applicable)  which asks the Court to lift its "Stay" order for the limited purpose of allowing the Domestic Relations Court to enter an Order concerning child support or spousal support.   

     If you have any questions concerning your domestic relations or divorce matter in connection with a bankruptcy issue, CALL Me, I'll Be there for you.   -Kevin Ryan, Attorney at Law   251-431-6012 

About the Author

Kevin Ryan

"I'll never be the kind of attorney your creditors want me to be. I'll always be the kind of attorney you NEED me to be. Call me. I'll BE there for you. And I'll make them go away."  -Kevin Ryan, Attorney at Law Kevin Ryan is a graduate of the College of Wooster and the Cleveland Marshall College of Law. He is admitted to practice before all Alabama State Courts, the United States District Court for the Southern District of Alabama, and the United States Bankruptcy Court for the Southern District of Alabama. The United States Bankruptcy Court is a part of the United States District Court. Since 1998, Mr. Ryan has represented thousands of individual clients in bankruptcy, criminal, divorce, probate, personal injury, and real estate matters.  Attorney Ryan is also a licensed real estate agent in Alabama.  He handles  Bank-owned properties, short sales, and conventional sales in addition to conventional real estate listings.   This wide range of experience enables Attorney Ryan to take a wider look at your legal matter. It is important to consult with an attorney who can see from experience how other legal issues may affect your situation, and advise you accordingly. Personal Info Kevin Ryan is a member of First Baptist Church in Silverhill, Alabama. He resides in Silverhill with his wife Jessica and their three children. Committed to helping our Clients achieve a fresh financial start Our practice focuses primarily on consumer bankruptcy matters under Chapter 7 and Chapter 13 of the United States Bankruptcy Code.  Our law practice also includes matters where bankruptcy litigation, appellate work, or involvement in civil lawsuits is needed by a client.     No representation is made that the quality of any of these legal services is of higher quality than another attorney or law firm.   The United States Bankruptcy Code requires the following notice:  We are a Debt Relief Agency, which means we help people get legal relief from their Debts through the bankruptcy process. Interested in learning more about our bankruptcy attorney near Mobile, Alabama? Contact Us for help with chapter 7 bankruptcy or chapter 13 bankruptcy in Mobile, Baldwin and Washington counties. Education Juris Doctor, Cleveland Marshall College of Law, 1997 Employed full time as a paralegal while attending law school in the evenings. B.A., The College of Wooster, 1994 NCAA Div.III All Conference (N.C.A.C.) Football Team : Defense 1993; Most Inspirational Senior Award 1993; Co-captain 1993; Letterman 1991-1993; Phi Sigma Alapha Fraternity 1991-1994; Athletic Director Jurisdictions Admitted to Practice Alabama


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I'll BE there for you.

I'll never be the kind of attorney your creditors want me to be. I'll always be the kind of attorney you NEED me to be. Call me. I'll BE there for you. - Kevin Ryan, Attorney at Law