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Posted: 12/15/2001 11:35:20 AM EDT
My wife and I decided to call it quits at the end of August, and she moved out. We haven't filed for divorce yet, but will be shortly. Last week, she decided she wanted to be free of our joint debts, totalling around 40 grand, not counting our mortgage. So she went and unilaterally filed for bankruptcy, Chapter 7. Her obvious intention was to screw me under and saddle me with all our joint obligations. We had planned on amicably splitting our assets and obligiations without involving lawyers, then she goes and pulls this off. [pissed] My question is: since it looks like it's now time to get a lawyer, is there a possibility I can have the divorce decree state that she is still liable for the marital debts? And would that be enforceable, bankruptcy on her part notwithstanding? Of course I understand that anything you guys can tell me is not to be construed as legal advice... I just wondered if any of you attorney-types have come across this situation before. Thanks much!
Link Posted: 12/15/2001 11:52:01 AM EDT
Hey friend, I just got my divorce. I don't have any real legal advice but I wanted to tell to hang in there and things will get better. I will say this You need to file for the divorce. Let her look like a deadbeat. Judges see this kind of Bullshit all the time and your lawyer will do his best to take care of you. Don't wait untill she files on you and you get served with the papers to go get a lawyer. Get on now!! My .02 worth and good luck to you Huero!!
Link Posted: 12/15/2001 12:17:42 PM EDT
... Oh man, I've been there. It sux. The bottom line is that you and your wifes collective creditors will come after [b]you[/b] if she doesn't pay. [u]PERIOD[/u]. Unilateral bankruptcy or not.
Link Posted: 12/15/2001 12:42:56 PM EDT
engage the services of the BEST divorce attorney in your area. NOT the best you can "afford"...get the best! he is your only defense against the avarice and greed that you are staring in the face. good luck! signed, ben there, done that...got the t-shirt campy
Link Posted: 12/15/2001 1:28:59 PM EDT
Link Posted: 12/15/2001 3:10:29 PM EDT
Never divoriced... However, I had a girlfriend who got screwed with something like this. The marriage broke up after a year, they got a divorce. Anyway, he went back to school and then filed for bankruptcy She got stuck with a credit card debt (on a card he held while they were married.) Like five years later some collector came want $20k from her, because they couldn't get it from him. I mean her credit is thrashed for the foreseeable future and before we broke up she was seriously thinking about going bankrupt. She couldn't get a load from the guy on the corner block it was so bad. Never found out how it turned out, but I would seriously pay attention to all dealings you had during your marriage and close your cards down now, get a loan to pay them off if you need to.
Link Posted: 12/15/2001 3:16:33 PM EDT
CYA!! A good lawyer will cost you less than what you are going to lose without him/her. The "friendly" divorce is an oxymoron!!
Link Posted: 12/15/2001 3:43:24 PM EDT
Welcome to the Law Office of Eric The Hun, the Bankruptcy King of North Texas! Many, many times I have filed petitions for bankruptcy for guys and gals who got screwed in divorce proceedings. Bankruptcy simply changes all the rules. What you may need is a bankruptcy lawyer who knows what to do in your wife's bankruptcy case to prevent some damage happening to you. Problem is, if she wants to file bankruptcy and get out of her part of the debts, then she will be permitted to do so, whether you like it or not. I have no idea what state you're living in, if it were Texas or Louisiana, I could explain what might happen, but I'm not certain about the divorce laws in any other states. Is your soon-to-be-ex-wife's bankruptcy case still going on? Did you get notice of her case? Have any of the creditors called you and told you that they received notice of her case? Is it a Chapter 7 or a Chapter 13 case? Let me know and I'll try to give you some guidance! Eric The(ProBonoPublico)Hun[>]:)]
Link Posted: 12/15/2001 3:43:50 PM EDT
What usually happens is the financial reality of the situation becomes apparent and the "girlfriends" start giving their collective advice and wisdom to the "ex". It's all downhill from there. Listen to campybob's advice!
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