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San Antonio Bankruptcy and Divorce Attorney

San Antonio, Texas bankruptcy and divorce attorney

Divorce Lawyer Helping Clients in San Antonio, TX Address Debts and Bankruptcy

Understanding how bankruptcy and divorce intersect is crucial for making informed decisions about your future. Attorney Brandon Wong has over 15 years of experience assisting clients in resolving the legal and financial issues surrounding divorce. With more than 225 five-star reviews, he is known for his ability to provide compassionate, strategic representation, and he will work closely with you to meet your unique needs.

Attorney Wong understands the financial strain and emotional toll these situations can create, and he will work to help you achieve stability during this difficult time. Whether providing guidance on the timing of a bankruptcy filing or addressing how debts and assets may be divided during your divorce, he will make sure you have the legal assistance you need throughout the legal process.

Complex Issues in Bankruptcy and Divorce

Bankruptcy and divorce can complicate each other in several ways, from determining how to divide debts to understanding the legal implications of a bankruptcy filing during divorce proceedings. Handling these challenges calls for an attorney who is well-versed in both family law and bankruptcy law.

Timing: Bankruptcy Before or After Divorce?

One of the most important considerations you may face is whether to file for bankruptcy before or after filing for divorce. Filing for bankruptcy before initiating your divorce may simplify the division of debts, as joint debts can be discharged or reorganized in a single bankruptcy filing. This approach can save time and money, especially if you and your spouse agree to file for bankruptcy jointly.

However, filing for bankruptcy after divorce may be more appropriate in cases where one spouse is unwilling to cooperate or when only one spouse is burdened with significant debt. Attorney Brandon Wong will carefully analyze your financial situation to determine the best course of action.

Division of Marital Debt

It is important to understand how issues related to debt may be affected by different types of bankruptcy filings:

  • Chapter 7 Bankruptcy: This type of bankruptcy can discharge most unsecured debts, such as credit card debt, but it does not affect secured debts like mortgages. If one spouse files for Chapter 7, the other may still be held responsible for any joint debts, even if their divorce decree stated that one spouse was solely responsible for these debts.
  • Chapter 13 Bankruptcy: This type of bankruptcy involves a repayment plan, which can help reorganize debts over time. It may be a better option for spouses who want to retain certain assets, such as a home or car. However, filing for Chapter 13 bankruptcy before divorce may not be the best idea, since a repayment plan may be affected by divorce proceedings. In some cases, a spouse may wait until after their divorce is complete before initiating a Chapter 13 bankruptcy case.

Brandon Wong's knowledge of both bankruptcy and family law ensures that he can provide guidance on the best ways to approach debt division in light of a bankruptcy filing.

Impact on Property Division

Property division during divorce can be affected by bankruptcy filings. In a Chapter 7 bankruptcy, the bankruptcy trustee may liquidate certain marital assets to pay creditors. This can complicate the divorce process, as the division of property may be delayed until the bankruptcy is resolved. In a Chapter 13 bankruptcy, an existing repayment plan may impact how assets are allocated between spouses.

Brandon Wong works diligently to protect his clients' rights and financial interests in these situations. He collaborates with financial professionals and bankruptcy trustees to ensure that property division is handled fairly and in compliance with Texas law.

Automatic Stay and Divorce Proceedings

When a bankruptcy petition is filed, an automatic stay goes into effect, which temporarily halts collection efforts, including foreclosure and wage garnishment. This stay can also affect divorce proceedings, as it may pause the division of marital assets or debts until the bankruptcy is resolved.

While the automatic stay is designed to protect debtors, it can create delays in the divorce process. Attorney Brandon Wong can help address these delays, ensuring that divorce proceedings move forward as smoothly as possible once the stay is lifted.

Protecting Your Credit and Financial Future

Bankruptcy and divorce can significantly impact your credit score and financial stability. Attorney Brandon Wong will advise you on the strategies you can use to protect your credit and regain financial health after bankruptcy and divorce. This may include negotiating with creditors, establishing a post-divorce budget, and taking steps to improve creditworthiness.

Contact Our San Antonio, Texas Bankruptcy and Divorce Lawyer

If you are facing challenges related to debts and are considering bankruptcy during or after your divorce, attorney Brandon Wong can provide you with compassionate and knowledgeable legal representation. He will work to protect your financial interests and make sure you will have the resources you need to succeed in the future. Contact Brandon Wong & Associates at 210-201-3832 or reach out online to schedule a consultation.

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