March 19th, 2011 by Questions

I am going through what seems to be a very long and dragged out divorce. My husband has refused to provide me with any support and I am sinking further and further into debt. I have two credit cards I can no longer look after, and it is getting to the point where I am afraind I will no longer be able to afford my rent. In other words I am barely scraping by. Can I claim bankruptcy with a divorce looming in my future? From what my lawyer tells me, I will receive a settlement, but in the meantime I am drowning. What are my obligations should my divorce come through prior to the nine month period?

Posted from: Ontario


One Response to “JGL”

, A licensed trustee said:

We normally advise people to settle their divorce/separation issues BEFORE they file – the reason is once you file for bankruptcy, your trustee “steps into your shoes” as far as any equalization or settlements go. So once you file the divorce has to be worked out between your ex, yourself and your trustee. It tends to make a mess of things…

That being said, talk to your divorce lawyer, explain the difficulties you are having and that you are considering bankruptcy. They should be ablen to tell you how that will impact the divorce and whether or not you should try and “tough it out”. Once you ahve discussed this with your divorce lawyer you should be ok to call and speak to a trustee.

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