Very often, the root of what causes a divorce is also what causes a bankruptcy. It is not uncommon for a divorce to actually cause the previous couple to have to declare bankruptcy. Alimony, child support, and other divorce obligations are non-dischargeable in bankruptcy, and Mr. Wilkerson is intimately aware of the pitfalls faced when these two life events come together.
The firm handles contested and uncontested divorces incident to bankruptcy. If you are married, and contemplating divorce, and bankruptcy, you should consult with our firm.
Many people do not realize that a divorce does not affect the creditor/debtor relationship. For example, if a divorce settlement provides that the Husband is supposed to pay the joint Visa Card debt, the lender (Visa) can still come after the Wife. That is why it is imperative that a divorce settlement be drafted by an attorney who is very familiar with the consequences of dividing marital debt. Our firm makes sure that the obligor spouse agrees to hold the other spouse harmless. The obligor spouse can still claim bankruptcy or default, but this hold harmless clause gives the innocent spouse a cause of action against the obligor, or defaulting spouse.
Another pitfall faced by couples getting divorced, is how to handle the marital home, and the debt associated therewith. One spouse may be granted exclusive use and possession of the marital home. If there is no clause that requires that spouse to refinance the marital home, he or she may remain in the home indefinitely thereby harming the other spouses credit.
Many clients have come to me after learning that they are stuck in a difficult position because the attorney who drafted the divorce settlement agreement was unfamiliar with these pitfalls and didn't take proper care to make sure the client was protected.
Our firm assists existing and new clients with all types of family law issues.
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We are a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.