Monday, September 30, 2013

Government Shutdown: Courts and Clerk Open

From the website of the United States Bankruptcy Court: Middle District of Florida

Until further notice, please note that the Bankruptcy Court and Clerk's Office will continue to operate under its normal schedule, including matters set for hearing and public hours, in the event of a government shutdown on October 1, 2013. Section §341 meetings of creditors will also continue, as noticed.

Please note, a Google search of the web reveiled many blogs stating the bankruptcy courts would be shut down if the government shut down, as the courthouse workers would be out of work.  Don't believe everything you read on the internet.

I you find any new information regarding the government shutdown as it effects the federal courts, please post it here.

Sunday, September 1, 2013

Should I get Divorced Before Filing Bankruptcy? people are contemplating divorce and bankruptcy at the same time. In fact, in some cases, ones financial position may have created stresses in their life that have contributed to the decision to file for a dissolution of marriage. But rarely have I seen financial problems, in and of themselves, cause on to get divorced. In fact, I have found just the opposite; one in financial difficulties often becomes more dependent on the other spouse to make it through hard times. 

While the question of whether to file bankruptcy before of after getting divorced may seem like a simply one on the surface, it is actually more complicated than simply giving a simple yes or no type answer. While the answer to this question is not as complicated as the bankruptcy code itself, the answer is directly tied to the bankruptcy code. Numerous things have to be considered, including the following:
  • Is there a custody issue?
  • Are both spouses working?
  • Is the household income more than the median household income for debtors of your household size in your state?
  • Is a tax refund expected at the end of the year?
  • Do you own your house (as opposed to renting)?
  • Are wages being, or going to be, garnished?
  • Is the divorce contested?
  • Are both spouses contemplating bankruptcy?
  • Which chapter of bankruptcy is most appropriate depending on when it is filed?
  • Are you behind on payments on any secured debts you might want to keep?
  • In the distribution of assets from the divorce, are there any funds to be transferred from one account to another pursuant to the judge's order? this is far from an exhaustive list, this should show you, at least on the surface, some of the things an attorney should be thinking about when such a question is posed. In fact, the question is actually complicated enough, depending you your situation, a bankruptcy attorney may need to get some information about your divorce from you divorce attorney before answering this question.

To get a proper answer to this question, I suggest you call to schedule an appointment for a consultation with a competent bankruptcy attorney in your area?