Experienced California Attorneys in Both Family Law and Bankruptcy
It is not uncommon for bankruptcy, family law and divorce issues to mix and overlap. Bankruptcy is governed by federal law and divorce under state law. In general, federal law will usually override most state laws; with exceptions like support (child support and spousal support) and some asset and debt distributions. Therefore, advice from an attorney with knowledge on both divorce and bankruptcy is needed if the parties mix these federal and state laws.
The Law Offices of Buckey and Schurter have expertise in both bankruptcy and family law and can guide their clients to a successful result and warn clients if one or the other of these courts is representing a peril on the other.
If you are facing a divorce or other type of family law matter along with financial problems, contact a highly-experienced Corona bankruptcy and divorce lawyer at our firm. We offer free initial consultations.
When Bankruptcy and Divorce Matters Mix
Here are crucial considerations that an experienced and competent attorney should make if faced with a divorce and bankruptcy law case:
- 1) If a party owes a spousal support or child support obligation - whether it be current or one in arrears from an order in a state family law court - then the bankruptcy court in most cases will not discharge this debt.
- 2) If a party is in family law court in a divorce and one of the parties files a bankruptcy, then during the bankruptcy the family law court no longer has jurisdiction over the parties' assets and debts and cannot make any order as to the assets and debts until the bankruptcy is denied or discharged.
- 3) If a party in family law court has an order to pay a debt and later files a bankruptcy which discharges that debt such that the creditor now gets payment of the debt from the other party, then the party that paid the debt obligated to the other party can go into family law court and request reimbursement for the debt paid - which the other party was ordered to pay before the bankruptcy filing by the state family law court.
As you can see, the bankruptcy and family law courts can have crucial impacts on each other when it comes to court orders. We are very knowledgeable when it comes to these complex issues and will advocate the law in the best way possible for your particular divorce and bankruptcy case.
Contact Norco Family Law Attorneys
To schedule your free divorce and bankruptcy consultation, call 951-893-5394, toll free 888-591-8958 or contact us online. We have Southern California offices in Corona and Riverside.
