Divorce and Bankruptcy Attorney in Kansas City
A Kansas City divorce and bankruptcy lawyer can help you if you are considering filing a divorce and bankruptcy at the same time. While this is typically the situation, contacting an experienced divorce and bankruptcy lawyer is necessary.
Roach Bankruptcy Center, LLC has been practicing bankruptcy and divorce law for more than 15 years in Missouri. We provide fast but affordable legal services. With our extensive knowledge of bankruptcy law, we have successfully filed over 2,000 cases and helped individuals and families attain their financial goals. Every client deserves the best legal help. If you are one of them, you may set up a free initial consultation with our Missouri bankruptcy law firm today.
Why do I need a Divorce and Bankruptcy Attorney in Missouri?
Family law and bankruptcy law can be quite complicated. In that regard, an average individual will surely have difficulty choosing what step to undertake. However, selecting the right lawyer also takes time and consideration. Not every lawyer has the same qualities. Thus, before hiring, you need to take note of the following good characteristics:
- Represents Debtors – There is always a line between a bankruptcy lawyer representing debtors and one representing creditors. The former can better understand your situation and avoid any conflicts of interest. Choose a bankruptcy lawyer representing someone like you and never any of your creditors.
- Flexible Payment – If you are filing for divorce and bankruptcy simultaneously, it is presumed that your case is overwhelming. On top of that, the legal process is also complex. You don’t deserve another frustration because of the legal fees. Choose a lawyer who is willing to adjust the payments so that they best fit your budget.
- Swift Case Processing – If you are filing for bankruptcy, you don’t have to wait too long because this may also affect your divorce case. Choose someone who respects your time and devotes their attention to your case so that you don’t have to spend more money just to file your petition.
Roach Bankruptcy Center, LLC, never represents any of your creditors. With more than 15 years of experience, we understand your case, which is why we adjust your payment plans so that you can choose the option that fits your budget. We provide numerous alternatives to ensure the success of your bankruptcy and divorce case. In processing your case, we are swift yet affordable. If you need compassionate assistance for every legal issue, contact our experienced bankruptcy and divorce attorney today.
Marital Debts and Bankruptcy
For many married couples, debt and divorce might go together at the same time. Unsecured and unmanageable debts are common reasons for marriage dissolution in many cases. Other couples feel frustration as their expenses double when one spouse decides to move out. They maintain two households, but their monthly income remains the same.
For married couples or recently divorced individuals, debt burdens can be overwhelming, and filing for bankruptcy can provide a way out. In some cases, the bankruptcy process enables you to get out of debt by giving up some properties in return. Missouri declares specific assets, such as home equity, clothing, car equity, and other items, to fall under bankruptcy exemptions. You can keep or exempt property if you file for bankruptcy.
What Should I File First?
If you and your spouse have reached the point where bankruptcy and divorce are both considerations, the most common settlement question that our legal team gets is: what should you file first? Many believe that divorce must be filed before bankruptcy to properly deal with debts outside of marriage. However, as a general rule, most cases require bankruptcy before divorce. To make the right decision, you definitely have to talk to an experienced bankruptcy attorney.
Whether you file for Chapter 13 or Chapter 7 bankruptcy, you must first wipe your debt problems out before getting divorced. This is because: (1) eliminating debt implies that the issues in divorce may be reduced, and (2) you cannot extinguish the debt later if the court orders you to pay it following the divorce decree and marital settlement agreement.
Knowing The Limitations of Bankruptcy
If you file a bankruptcy petition amid divorce proceedings, you might still be held liable for the debts assigned to your ex-spouse by the family court. If your name is stated in the loan, the creditors will consider it valid. If your ex-spouse misses or stops making payments, the creditor or collection agencies will go after you. Spousal maintenance, such as alimony, is also one of the common reasons why you should file for bankruptcy before getting divorced. These are not dischargeable in any bankruptcy chapter.
Discharging Marital Debt
Determining which debts must be assigned to each spouse in divorce can be expensive and stressful. Ordering the other spouse to settle a specific debt in a divorce decree does not change the other spouse’s liability to the debt collectors.
For instance, your ex-wife was ordered by the court to pay using a joint credit card. If she refuses to pay it or files bankruptcy, the creditor can legally collect your debts. If you end up settling the debt, you have the legal right to be reimbursed by your ex-wife because she breached the divorce decree. This is accurate even if she filed a bankruptcy petition since she can still discharge her obligation to pay the lender or creditor. Still, according to the divorce decree, she cannot discharge her obligations to you.
Facing Imminent Foreclosure?
We can help save your home! Even if time is running out, we’ll find a way. Find out how by speaking with our bankruptcy lawyer in Kansas City, Missouri today.
Call our Divorce and Bankruptcy Attorney Now!
There are several myths you need to be careful about when dealing with complicated legal issues. The process of divorce and bankruptcy requires more than superficial research – you should definitely hire a lawyer. If you and your spouse are in debt, seeking legal aid is never a bad idea. As a filer, you deserve an experienced divorce and bankruptcy lawyer who can fight for you with professionalism and prevent any obstacles that may arise in the future.
At Roach Bankruptcy Center, LLC, we treat every client with respect and genuine understanding. We represent debtors, helping them file their bankruptcy cases without judging them regardless of their sex, situation, religion, belief, and everything in between. We offer numerous prudent options that you could take to better suit your circumstances without compromising your finances. Without any delay, our legal team will make things as smooth as possible for you through our fast case processing.
Other than divorce and bankruptcy, we also handle cases on the automatic stay, emergency bankruptcy, stop foreclosure, stop repossession, meeting of creditors, stop garnishment, stop creditor harassment, bankruptcy means test and a lot more. To discuss your case with us, schedule a free initial consultation today!