If you are looking to determine whether to file a bankruptcy
and/or a divorce or what action to file that in, is you want to look at the different
ways the estates are looked at and where the marital estate is looked at under
the Chapter 208, Section 34.  It
does not matter as much in terms who has title to a property. The court is not
all interested in Probate and Family Court in the creditors. They are mainly looking
at the family; in particularly, the children and the parties in terms of what is
fair and an equitable way to have that addressed.

On the other hand, in bankruptcy you want to look at the bankruptcy
estate and the trustees in the bankruptcy court.  The title of the parties is much more important
and their focus is on not incurring further debt and looking at it under the bankruptcy
code for example, Chapter 7 which is looking at a limited date a snapshot and at
what is called a liquidation. 
There are different facets that have both parts of it in terms of
domestic obligations like alimony or child support and those are not discharged
through the bankruptcy. There are other parts where the bankruptcy court will look
at potentially constructive trusts in terms of sometimes protecting the spouse
or soon to be ex-spouse’s possible interest in cars, retirement accounts or
things in that nature.

If you have either filed a divorce action or if you are  looking to file a divorce action, same thing,
if you have already filed a bankruptcy or you are looking to file a bankruptcy
action; which ways you should go first; what are the options; what are the different
ways that the courts and the trustees can look at things. You also want to be
careful about not making transfers that can be attacked in either Probate and
Family Court or in the Bankruptcy Court. 
They can end up making your credibility look bad either so you are not an
“honest debtor” or the Probate and Family Court looks at it like you are trying
to manipulate the situation and not have an equitable distribution.