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Divorce or Bankruptcy – Which One Should You File First?

Often the financial issues are the reason for marital conflicts and divorces. That is why often people say that divorces and bankruptcy can go hand in hand. But when you are filing for bankruptcy, you also need to know which one you should consider first. It is obvious that you are wondering which one you should go for first. Which one will be the most crucial? It all depends on your budget, financial situation, and goal. Our experienced Pittsburgh bankruptcy lawyer can help you with it.

When Should You File for Bankruptcy?

When you have both of the cases to address, it is only logical to think which one you will be addressing. Now, if you are filing for Chapter 7 bankruptcy, it will take only six months to get discharged. But when you are filing for Chapter 13 bankruptcy, it is will much longer to get discharged, from three to five years. Hence, it is necessary that you think of filing for divorce first and then concentrate on your bankruptcy later. Our Pittsburgh bankruptcy lawyer will also suggest you the same.

Means Test

Before filing for bankruptcy, you have to take part in a means test that will determine whether you have enough disposable income to pay off the debt or liquidation is your only option. If your income is below the median income of the same size of household in your state, then you will file for chapter 7 bankruptcy. But if your income is higher than the median income of the same size of household in your state, then you will have to file for chapter 13 bankruptcy as you will have enough disposable income for paying off the debt.

Bankruptcy Saving Your Money From Divorce

Even though it depends on when and how you choose to file for bankruptcy, it can surely offer you some benefits in terms of money during your divorce. If you are still on good terms with your spouse, you both can agree on filing jointly. This way you both can save on filing fees.

At the same time, you can double your exemptions. Each spouse will be allowed to claim exemption of the property they own. This way you can claim even more property to be exempted than only you can.

Also, at the same time, you both can get a double automatic stay. This can be extra beneficial for those who are filing for Chapter 7 bankruptcy. You will be able to take the necessary time and ensure that you are on better financial footings. You both can get 6 months of automatic stay together.

Filing bankruptcy together will also bring down the cost of your divorce. This way the trustee will address the matter of property, assets, and how they will be divided. As this will be done beforehand, the divorce will be a much easier and smoother thing for you.

So, if you are looking for a Pittsburgh bankruptcy lawyer, then you should come to us at Pittsburgh Bankruptcy Law Group. We are here to help you.

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