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Chapter 7 and Divorce

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

If you are going through both a divorce and Chapter 7 bankruptcy, there is a variety of factors to consider, including timing, your income, the status of secured debt, and whether property settlements are dischargeable.You may file a joint bankruptcy either before or during the divorce, or an individual bankruptcy before, during, or following the divorce. This may depend on the types of debt you hold, as joint debt which is discharged by one spouse will leave the other spouse solely liable and vulnerable to lawsuits and collection efforts.Regarding debt incurred as part of a divorce: “Under a Chapter 7, any debt incurred to a spouse or former spouse during a divorce by agreement, decree, or court order is not dischargeable.” It’s also important to remember that while the automatic stay will temporarily halt collection efforts, Chapter 7 will not discharge “domestic support obligations” such as alimony, child support or maintenance, or support arrearages.If you’re struggling with debt, you are not alone. Contact an experienced bankruptcy attorney today for a free consultation.

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