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Should I Get Divorced Before Bankruptcy or Wait? – Denise

“Dear Steve,

I am about $40,000 in debt including a car loan 3 judgements and small bills such as cable, phone and some medical bills

I am extremely concerned about the three judgements against me (one for $5000 and two for $3000)…Cancer/spousal abandonment, being a victim of the landlord not paying the mortgage with my rent and a former friend put a judgment against me because I wouldn’t be intimate with him. (I rented a home he owned)

I would like a divorce but don’t know if I should file for divorce before or filing bankruptcy. I have a vehicle in my name however my husband took it when he left and he is two months behind on the car note and is in another state.

I have a credit card bill that went from 4 to 9 thousand dollars from 2004 they call at least twice a week

I’ve been unemployed since 2010 but I am almost certain I’ll have a job in January and I don’t want any wage garnishments.

I have a student loan that was in default but was resolved and now I pay 30 a month.

I would like to file bankruptcy and restart my life with a clear slate and be able to obtain credit and eventually buy a house. Which chapter should I file and what is the best company to use for bankruptcy and credit restoration. Im married but separated so should I get a divorce before or after filing bankruptcy.


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The Answer

Dear Denise,

I think you are going to find it’s going to pretty easy to get your life back if you follow my advice.

You should pursue both divorce and bankruptcy at the same time. It really doesn’t matter which is accomplished first. If it was me I’d make the bankruptcy break first since once you file you can discharge your debt in about 90 days. I’d talk to a local bankruptcy attorney about a chapter 7 bankruptcy to get a second chance and fresh start, quickly.

What will most likely happen here when you decide to move ahead is to tell the car lender to repo the car, then wrap the resulting debt in the bankruptcy. The bankruptcy will end the judgments, and other debt. Your ex-husband will be on his own and once you get the divorce you’ll be totally free.

You absolutely don’t need to pay anyone to restore your credit. It’s a simple process and I provide a step-by-step guide on what to do in the links below.

Bankruptcy Articles and Posts You Must Read

To get ready to read the information below with the right frame of mind, please first read How Do I Get Out of Debt Quickly? Change Your Mindset.

Bankruptcy Advice

Life After Bankruptcy

Filing Bankruptcy Yourself

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

Should I Get Divorced Before Bankruptcy or Wait?   Denise
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Christi

    Possible to get a follow-up on this? I am about to travel down a similar path. This article is more closely related to the types of problems I too am facing.
    thank you very much

    • Steve Rhode

      My opinion is to file bankruptcy after the divorce.

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