Ed Shaw Law - Brainerd Attorney
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Coronavirus Impact and Assurance: Yes! We are still open for business!

As you are all aware, we are currently facing unique challenges due to the Coronavirus. While this is a serious crisis, it is important to keep it in perspective, and not allow it to prevent us from going about our business. We want to assure all of our clients that this office is prepared to serve your needs, regardless of what happens and how the virus affects Minnesota. In an effort to keep the office safe, we have stepped up prevention and sanitation measures in hopes to prevent disease transmission.

Because we are a paperless office, our entire staff is prepared to work from home if necessary. No matter what happens, we will continue to provide our clients with the highest quality legal services. For any clients who are not comfortable leaving their homes, we can handle any appointments remotely via phone, FaceTime, Skype, Zoom , and can transfer any documents to you electronically or by mail, if that is your preference.

Please rest assured, we will continue to take care of your legal needs in this challenging time, and your safety is our highest priority.

Please see our blog for more info on pandemic response.

Bankruptcy before or after a divorce

| Sep 4, 2020 | Bankruptcy

Many people experience serious financial struggles. For some married couples, these struggles contribute to problems in their relationship and may even lead to the irrevocable breakdown of their marriage.

When a divorcing couple needs to address significant joint debt, they may consider filing for bankruptcy before they get divorced. They may also choose to wait and let each spouse address their own post-divorce debt issues separately.

Bankruptcy timing relative to a divorce

As explained by Experian, the decision to file for bankruptcy before or after a divorce may be made in part based on what type of bankruptcy plan a couple selects. A Chapter 13 plan lasts for a minimum of three years and for as long as five years. This lengthy time may prevent a couple from choosing to pursue this route before getting divorced as it keeps them financially tied during that time.

A Chapter 7 bankruptcy may take just a few months to complete, making it possible for some couples to pursue prior to filing for divorce. However, spouses must be able to work together and communicate effectively when filing for a joint bankruptcy. When this cannot happen, it may not be possible or wise to complete a Chapter 7 bankruptcy prior to getting divorced.

Post-divorce debt and account names

According to Bankrate, when a divorce decree outlines responsibility to one spouse for a debt, a creditor may not always follow that direction. If the responsible party via a divorce decree fails to repay a debt and the account reflects both spouses’ names, the creditor may pursue repayment or collection from the other party.