Many people are overburdened with expenses after divorce. So, what options do you have when the cost of living on your own becomes overwhelming and you get into financial trouble?

Though it is a last resort, sometimes filing for bankruptcy is the best way to eliminate some of your debt and get back on your feet.

So, how do divorce and bankruptcy law work together? What do you need to know about declaring bankruptcy in divorce?

Dawn Kirby is the cofounder of Kirby Aisner & Curley LLP, a women-owned law firm that represents corporate and consumer debtors and creditors in bankruptcy and restructuring matters.

Dawn has more than 25 years of experience as a bankruptcy attorney, and she cofounded the pro se bankruptcy clinic at Legal Services of the Hudson Valley, which provides bankruptcy counseling to individuals who fall below the Federal poverty line.

On this episode of Divorce Dialogues, Dawn joins Katherine to explain why divorce is among the most common causes of bankruptcy and when to file for chapter 7 versus chapter 13 bankruptcy.

Dawn discusses why alimony and child support are not dischargeable in bankruptcy, sharing the case study of a client who fell behind on his domestic support obligations and used bankruptcy to get back on track.

Listen in for Dawn’s insight on when it makes sense to declare bankruptcy and learn how the process can provide relief from the financial burdens associated with divorce.

Topics Covered

Why divorce is among the most common causes of bankruptcy

How bankruptcy can provide relief from the financial burdens associated with divorce

What differentiates chapter 7 bankruptcy from chapter 13 bankruptcy

Why alimony and child support are not dischargeable in bankruptcy

How bankruptcy law allows for a repayment plan if you fall behind on domestic support obligations

Dawn’s insight around how bankruptcy and divorce law work together

Dawn’s case study of a client who fell behind on his maintenance obligations and used bankruptcy to stop contempt proceedings and get back on track

When it makes sense for a couple to file for bankruptcy BEFORE they get divorced

How bankruptcy impacts a divorcing couple who owns property together

Connect with Dawn Kirby

Kirby Aisner & Curley LLP:

https://kacllp.com/

Connect with Katherine Miller

The Center for Understanding Conflict: http://understandinginconflict.org/

Miller Law Group: https://westchesterfamilylaw.com/

Katherine on LinkedIn: linkedin.com/in/kemiller1

The New Yorker’s Guide to Collaborative Divorce by Katherine Miller: https://www.amazon.com/New-Yorkers-Guide-Collaborative-Divorce/dp/0692496246

Email: [email protected]

Call (914) 738-7765

Resources

US Federal Bankruptcy Law:

https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics