For an experienced Idaho Divorce attorney, located in Boise call (208) 472-2383, divorce, criminal law, DUI, bankruptcy, personal injury, probate, estate planning and business law.
Can you be your own lawyer? This is a common question people ask me everyday. The answer depends upon many factors, many having nothing to do with intelligence! Seriously, though, can you be your own lawyer? Many people represent themselves in Idaho courts everyday. This, however, doesn't mean they are successful. While it is true that no one knows your case better than you do, it is also true that you might not no or understand rules of evidence. You may not know how or where to file court documents or in a timely manner. You may end up making matters worse for yourself.
I am a Divorce Attorney, a criminal lawyer, a bankruptcy lawyer and so on. It is what I do day in and day out. Am I a plumber? No I am not. While I can read books on plumbing and even try my hand at it, I often have to redo the project several times and I often make matters worse. Likewise, I am not an electrician, but I can read books on how to wire my house. The problem is, I don't really understand electricity and how to wire and because I don't I will end up getting shocked.
If you need to get a divorce or file for bankruptcy or have a criminal matter pending against you - don't get shocked. It really makes sense to get an attorney who is experienced and knows the rules of evidence, knows the deadlines and knows the law. It will cost you some money but in the long run you may end up saving money by having it done right the first time.
If you would like to speak to an attorney, please call (208) 472-2383. You will be glad you did.
Tuesday, November 15, 2011
Tuesday, November 8, 2011
Effect of Divorce on Bankruptcy in Idaho - Boise Divorce Attorneys - Idaho Bankruptcy Lawyers
What effect does Bankruptcy have on divorce? As both a Boise Divorce Attorney and an Idaho Bankruptcy Lawyer, I hear this question frequently. Although there is a fairly simple answer, it is actually a two part question. First, what happens if you are seeking divorce and have filed or want to file for divorce?
If you have been in serious financial straights during your marriage filing for bankruptcy might be a sensible solution. During a marriage your debts are generally community debts with an obligation of the community to pay them. For a Chapter 7 bankruptcy, if you wait to finalize your divorce (as far as debts are concerned) and file for bankruptcy together, you may be able to discharge a large portion of your debt, thereby making the debt division simpler and less financially straining. You can also wait until after the divorce to file for bankruptcy but then you will incur a double bankruptcy fee as well as one party or the other may not meet the means test and therefore not be allowed to file for Chapter 7 bankruptcy (the means test takes into account your family size to determine income limits for Chapter 7).
The second question is what happens if neither party files for bankruptcy until after the divorce? Once you are divorced the community debt that has been assigned to you becomes your separate debt and each individual is obligated to pay that debt and is solely responsible for it. So, if your ex-spouse files for bankruptcy you don't have to worry about a dischargeable debt becoming your responsibility. Where bankruptcy after divorce has important issues is for spousal support, or alimony and child support. Ordinarily a debt is given priority in bankruptcy if it is recorded and once recorded it's priority is based upon "first in time, first in right". The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, however, gives priority for unpaid spousal support and child support over all other creditors, even tax debt. This prevents using bankruptcy from a way of getting out of paying alimony or child support.
If you have divorce or bankruptcy issues and need to speak to a Boise Divorce Attorney or an Idaho Bankruptcy Lawyer, please give us a call at 208-472-2383 and see what we can do for you.
If you have been in serious financial straights during your marriage filing for bankruptcy might be a sensible solution. During a marriage your debts are generally community debts with an obligation of the community to pay them. For a Chapter 7 bankruptcy, if you wait to finalize your divorce (as far as debts are concerned) and file for bankruptcy together, you may be able to discharge a large portion of your debt, thereby making the debt division simpler and less financially straining. You can also wait until after the divorce to file for bankruptcy but then you will incur a double bankruptcy fee as well as one party or the other may not meet the means test and therefore not be allowed to file for Chapter 7 bankruptcy (the means test takes into account your family size to determine income limits for Chapter 7).
The second question is what happens if neither party files for bankruptcy until after the divorce? Once you are divorced the community debt that has been assigned to you becomes your separate debt and each individual is obligated to pay that debt and is solely responsible for it. So, if your ex-spouse files for bankruptcy you don't have to worry about a dischargeable debt becoming your responsibility. Where bankruptcy after divorce has important issues is for spousal support, or alimony and child support. Ordinarily a debt is given priority in bankruptcy if it is recorded and once recorded it's priority is based upon "first in time, first in right". The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, however, gives priority for unpaid spousal support and child support over all other creditors, even tax debt. This prevents using bankruptcy from a way of getting out of paying alimony or child support.
If you have divorce or bankruptcy issues and need to speak to a Boise Divorce Attorney or an Idaho Bankruptcy Lawyer, please give us a call at 208-472-2383 and see what we can do for you.
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