• Skip to primary navigation
  • Skip to main content
  • Skip to footer
 847-495-6000
  • Facebook
  • LinkedIn
  • Twitter
Ronald L Bell & Associates

Libertyville Divorce Lawyer, Lake County

Former Assistant Attorney General

  • Home
  • About Us
    • Attorney
    • Ronald L. Bell
    • Case Precedents
  • Practice Areas
    • Family Law
      • Divorce
        • Uncontested Divorce
        • Same-Sex Marriage & Family Law
      • Child Support
      • Spousal Maintenance
      • Post-Decree Modification
      • Domestic Violence
      • Prenuptial Agreements
      • Child Custody & Visitation
        • Child Removal
      • Marital Asset Division
        • Non-Marital Property
        • Divorce with a Business
        • Disputes Over Personal Injury Proceeds
        • Division of Retirement Accounts
      • The Divorce Process
    • Personal Injury
      • Personal Injury Information Center
      • Truck Accidents
      • Pedestrian & Bicycle Accidents
      • Motor Vehicle Accident
      • Car & Motorcycle Accidents
    • Drug & DUI Defense
      • DUI
      • Drug Possession
      • Domestic Battery
    • Medical Malpractice
      • Failure to Diagnose Cancer
      • Birth Injuries
    • Business Law & Litigation
  • Reviews
  • Forms
  • Media
    • Photo Gallery
  • Blog
  • Contact Us

Property Division in a Divorce When a Spouse Files Bankruptcy

You are here: Home / Property Division / Property Division in a Divorce When a Spouse Files Bankruptcy

November 28, 2023 by Law Offices of Ronald L. Bell

In an Illinois personal bankruptcy proceeding a debtor may be granted a discharge of his or her debt. When a bankruptcy petition is filed, a bankruptcy estate is created which is made up of all the debtors’ property, which will be sold by the trustee to satisfy various creditors in exchange for the discharge of debt.

If you and your spouse are divorcing and he or she is considering bankruptcy, it is important to understand that the marital property subject to equitable division in a divorce may be included in the bankruptcy estate and may be used to satisfy the spouse’s debt unless the spouse not filing bankruptcy acts.

The marital property of the spouse not declaring bankruptcy should not be part of the bankruptcy estate. A divorcing spouse of a bankruptcy petitioner may be able to preserve their marital assets form the bankruptcy estate. It is important to work with an experienced divorce attorney to ensure you are protected financially.

Any attempt to liquidate marital assets in a bankruptcy must be countered, which may include creating a trust to force the bankrupt spouse to preserve the non-bankrupting spouse’s share of marital assets they are entitled to in a divorce. If you and your spouse are further along in the divorce process, it may be that an effective trust exists already via a marital settlement agreement to cover assets yet to be distributed such as a pension.

Whatever the case may be, it is important to work with an experienced divorce attorney to ensure that you are financially protected in the event a spouse’s bankruptcy is a factor in your divorce. For more information, contact Libertyville divorce lawyer Ronald L Bell & Associates P.C. for immediate assistance today.    

Category iconDivorce Settlement,  Property Division

Footer

Child Support Calculator

Calculate Support

Expertise Badge 2021

Search

Ron Bell Premium Attorney Lawyer.Com

 

Ron Bell wrote the book on Divorce in Illinois. Click here for free copy.

Ron Bell Divorce Law Book

Divorce Book Available on Amazon

Ronald L. Bell & Associates P.C

Divorce Attorney

1113 S. Milwaukee Ave. Suite 204
Libertyville, IL 60048
Phone:  847-495-6000
Emergency Phone:  847-702-7502
Fax: 847-495-6001

Directions

Ronald L. Bell & Associates P.C. represents clients in Libertyville and throughout Northern Illinois, in areas including Chicago, Naperville, Vernon Hills, Gurnee, Barrington, Buffalo Grove, Deerfield, Fox Lake, Grayslake, Highland Park, Bannockburn, Lake Bluff, Lake Forest, Lake Villa, Lake Zurich, Lincolnshire, Lindenhurst, Mundelein, Waukegan, Zion, Crystal Lake, River Woods, Deer Park, Round Lake, Palatine, Rolling Meadows, Inverness, Prospect Heights, Arlington Heights, Schaumburg, Lake County, Cook County, McHenry County, Dupage County and Kane County.

© 2026 · Ronald L. Bell & Associates P.C. All rights reserved · Disclaimer · Privacy Policy · Sitemap · Return to top ***