Bankruptcy Blog - Divorce
At Oliveros & O’Brien we are at the leading edge of bankruptcy law and practice. Michael O'Brien is one of only three attorneys in the State of Oregon who is Board Certified as a Consumer Bankruptcy Specialist by the American Board of Certification. He is a frequent speaker at seminars for other attorneys on bankruptcy issues.
We also believe in giving our website visitors and our clients the opportunity to get current, accurate, and practical information about bankruptcy and financial matters. So every week on Monday morning we publish a blog. Their titles and short summaries are listed below, with the most recent one on top. Click on the “More...“ after each one to read the whole blog. Also, if you want to see all of our blogs in a certain catagory, just click on the appropriate one in the column to the right.
How to Protect Myself BEFORE & AFTER My Ex-Spouse Files a Chapter 13 Case
August 30, 2010 by Oliveros & O'Brien, P.C.
Your ex-spouse’s Chapter 13 case can often harm you, but sometimes it can help you. What can you do to reduce the odds that it will hurt and increase the odds that it will help?
In: Chapter 13 Divorce
Good News! Your Ex-Spouse Has Just Filed a Chapter 13 Bankruptcy!
August 23, 2010 by Oliveros & O'Brien, P.C.
If your ex-spouse filed a Chapter 13 case in the bankruptcy court, often it can harm you, even more than if he or she had filed a Chapter 7. But there are many other situations when a Chapter 13 filing doesn’t hurt you, and often can actually help you a lot. Here are some of those good situations.
In: Chapter 13 Divorce
My Ex-Spouse’s Just Filed a Chapter 13 Bankruptcy—How Do I Protect My Rights in the Divorce Decree?
August 16, 2010 by Oliveros & O'Brien, P.C.
Your divorce is done but your ex-spouse is either threatening to file or has already filed a Chapter 13 case in the bankruptcy court. You’ve heard that Chapter 13 can hurt you more than a Chapter 7 can? Is that true? And what can you do to protect myself?
In: Chapter 13 Divorce
Favoring Your Ex-Spouse Over Your Other Creditors by Filing a Chapter 13 Case
April 26, 2010 by Oliveros & O'Brien, P.C.
Last week we showed how a Chapter 7 bankruptcy filing gives you a way to take care of your divorce obligations, such as ongoing and back child support, plus debts which the divorce decree ordered you to pay. But using Chapter 7 to accomplish this only works in simple situations and where the support arrearage and other debts are relatively small. Otherwise, Chapter 13 is often a much better option.
Favoring Your Ex-Spouse Over Your Other Creditors by Filing a Chapter 7 Case
April 19, 2010 by Oliveros & O'Brien, P.C.
Most of the time bankruptcy is used to get protection from creditors. But sometimes you wish that you COULD take care of some of your special obligations—like child support and other divorce responsibilities—but you can’t because of the relentless pressure from all your other creditors. This blog shows how a Chapter 7 bankruptcy filing can help you take care of the obligations which may be the most important to you, the ones to your kids and your ex-spouse.
Chapter 13: The Way (Still) to Discharge “Property Settlement” Obligations Owed to Your Ex-Spouse
April 12, 2010 by Oliveros & O'Brien, P.C.
One of our earlier blogs described how a Chapter 13 can solve your problems with back spousal or child support. Now in this blog we show that Chapter 13 can also help you with the other big area of divorce obligations: property settlement. This includes obligations you owe directly to your ex-spouse, and also those you owe to creditors which the divorce decree says you must pay.
In: Chapter 13 Divorce
The Strongest Tool in Bankruptcy against your Divorce: Paying Support Arrearage Through Chapter 13
December 28, 2009 by Oliveros & O'Brien, P.C.
In the last two months we’ve written blogs called "I Need a Divorce and a Bankruptcy: Which Comes First?" and “How to Protect the Rights in My Divorce Decree from My Ex-Spouse’s Bankruptcy?” Now in this blog we clear up some major misconceptions about what you can and can’t do with spousal and child support obligations in your bankruptcy case.
How to Protect the Rights in My Divorce Decree from My Ex-Spouse’s Bankruptcy
November 16, 2009 by Oliveros & O'Brien, P.C.
Last month we wrote a blog called "I Need a Divorce and a Bankruptcy: Which Comes First?" In it we addressed that question by looking at some scenarios that our clients have faced. Now in this blog we assume that you are definitely getting a divorce but your spouse has threatened to get out of the divorce obligations to you by filing a bankruptcy right afterwards. Can you protect the rights in your divorce degree and prevent them from being hurt by bankruptcy?
I Need a Divorce and a Bankruptcy: Which Comes First?
October 5, 2009 by Oliveros & O'Brien, P.C.
Turmoil in the economy sadly often leads to a higher divorce rate. Unemployment and underemployment and the intense stresses these can bring to married life push many past the breaking point. Then divorce often leads to bankruptcy, and even more so during this troubled economy.
We know that dealing with the breakup of a marriage and with major financial problems at the same time can be extremely difficult. It can be downright debilitating. How do you know where to even begin? If you think you need a divorce AND may need a bankruptcy, which is best to do first? Does it sometimes make sense to try to "clean up" your finances with a bankruptcy filing before the divorce?