Bankruptcy Law-Oklahoma Divorce And Bankruptcy

by Meagan Kania on October 11, 2012

Attorney-Bankruptcy TulsaTulsa Bankruptcy-Should I file my bankruptcy before I get divorced in Oklahoma

This is a question that I face almost on a daily basis because many of my bankruptcy clients have also hire me to do their divorce in Tulsa.  The answer to this question is that it depends.  The first consideration is if you and your soon to be ex are getting along well enough to work together to get me the paper work I need, if so, then filing bankruptcy first before your Oklahoma divorce may be the answer.

If a bankruptcy is imminent after the divorce then I prefer to do the Tulsa Bankruptcy before we file your Oklahoma divorce.  Among other things, one reason is that its cheaper for my clients. This is because we charge the same price for your bankruptcy case whether or not you are married or single.  This means that the two of you may be able to share the cost rather then both filing after the divorce is final. If you decide to file after the divorce is final then you will have to pay for two separate bankruptcy cases.

MEDICAL BILLS: Another consideration is medical bills and bankruptcy. In Oklahoma each spouse is responsible for the medical bills of the other.  This means that if your spouse gets sick while you two were married and latter you get a divorce you may still be liable for those medical expenses that were acquired during the marriage.

CREDIT CARDS:  Occasionally I will have credit card collection agencies attempt to collect for credit card bills of their ex spouse.  It goes like this….If you were a signer on the credit card account but not an owner of the account the credit card company may try to say that the charges you made while married were for the purpose of the marriage and therefor you are liable.  I find this to be a thin argument but nonetheless an argument that could cost you money to defend.

MEANS TESTING: To qualify for a chapter seven bankruptcy in Oklahoma you must not make over the median family income for your family size.  If you are the primary wage earner in your family and that income will exceed the median family income for your post divorce family size you might want to file your Bankruptcy in Oklahoma before you get divorced.  On the other hand, if you are not the primary wage earner and while you were married your income was to high to qualify for a chapter 7 then filing after the divorce may be better for you.  The point here is that family size together with income matters in a big way.

Bankruptcy and Oklahoma Divorce Consultation: What ever the situation is you should call me and I will give you a free Tulsa Bankruptcy and Divorce lawyer consultation.  We provide both Tulsa Divorce and bankruptcy law relief in Oklahoma. As experienced Tulsa lawyers we practice both types of law and can provide you with a total solution to both your divorce and bankruptcy issues. 918-637-1546

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