Know your rights ·

Divorce and bankruptcy may happen at the same time

General information for New Jersey, New York and Washington, DC · Last updated

Quick answer

Coordinate both cases before dividing assets, assigning debts, or filing.

Do now

Give each lawyer the other case’s orders, property list, support terms, and timing. Identify joint debts, secured property, and proposed settlement obligations. Ask how the stay and discharge exceptions affect particular proceedings.

Watch for

A debt assigned to a former spouse may still be collectible by the creditor from a signer. Support and other divorce-related obligations can receive special bankruptcy treatment.

Official sources

US Courts — Discharge in Bankruptcy, US Courts — Chapter 13 Basics, NY Courts — Divorce frequently asked questions, DC Courts — Divorce.

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