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Posted: 2/5/2006 6:30:11 AM EDT
Has anyone had any experience or know someone who has filed under the new law. How does it differ from the old. Because i might have to file. Short story:

Went oversees for two months
Old lady filed for divorce -judge gave her verything to include new caw that "I" have to pay off 5 yrs worth
Laid off job permenately (salaried) 70 K
Have 38 k job.

SAAhould i sell all assets before filing.

* I CANNOT RECOVER FROM SITUATION RIGHT NOW

Link Posted: 2/5/2006 6:44:50 AM EDT
[Last Edit: 2/5/2006 6:45:42 AM EDT by Aimless]
Link Posted: 2/5/2006 6:56:59 AM EDT
No advice but I'll offer a prayer for you. I truly hope you get your head above water soon and have an end to your stress. What an awful thing your exwife has done.

Patty
Link Posted: 2/5/2006 7:04:02 AM EDT
Link Posted: 2/5/2006 7:11:49 AM EDT
What debts do you have?
Link Posted: 2/5/2006 7:23:06 AM EDT
How does she get the car while you get the bill? I would'nt pay the bill, period, let them repossess it. Look, don't pay, default everything. I hope you don't have kids? That info was left out. How about a house?


You need a good lawyer bro, fast! And make sure you give him every last detail.

Link Posted: 2/5/2006 9:18:57 AM EDT
Look at other options first, before filing. I think if you have secured debts they will take it. Your house and cars are gone. Most creditors do not want to reposses anything, it is too much work for them, and will be willing to work things out with you. I lost my job a while back and my mortgage company and other lenders were willing to set up other payment plans based on my new, much lower, income. Talk with your lenders and explain the situation, there will be something they can do.
Link Posted: 2/5/2006 9:22:27 AM EDT
Basically she got to set up house somewhere elase for free and i still have to hooked to this bitch somehow. She got

1 Gmc Envoy fully loaded 27 K
All contents of the house and I mean everything
Getting back 7 K from IRS even though i raised them all year.
She has two kids


ME

The house (cant afford it) 150 K
1 97 Dodge ram 168 K mi truc
All tax debt associated with the house and etc.

So im F$#%ed if i try and keep the stuff. CANT SEE WHERE BANKRUPT COULD BE WORSE. It will get me out of most of it.
Link Posted: 2/5/2006 9:32:46 AM EDT
In that situation I would probably sell everything and file bankruptcy or just change my name and disappear.

In any event, tag, I want to hear how this goes.

And I am also curious in how you got so badly screwed. No attorney or just a really shitty one?
In an event, I wouldn't pay a f'ing dime for any of it. Not one.
Link Posted: 2/5/2006 9:39:44 AM EDT
[Last Edit: 2/5/2006 9:40:43 AM EDT by legalese77]

Originally Posted By Aimless:
If you make less than a set amount based on what state you live in you can still file bankruptcy {edit-meaning chapter 7 bankruptcy, which is what the vast majority of people file}. You have to take a class before and after filing, but I haven't done one under the new law yet so take that with a grain of salt-of course you need to talk to a competent bankruptcy lawyer admitted to practice in your state and free advice on the internet is worth what you paid for it.



I'll second that. Bankruptcy may not help you with this problem, however. The bankruptcy and dissolution decree are two separate things and a general discharge of your obligations to creditors does not necessarily release you from obligations pursuant to the dissolution decree. Additionally, the new BK laws restrict the ability to discharge certain obligations to your ex assigned via dissolution decree. The rules in this area are somewhat complex.

Even if you discharge the underlying debts to the creditors (your personal liability as to the creditor) the ex may be able to seek a contempt finding against you for failing to abide by the dissolution decree (i.e. paying the debts). Your personal obligation to your creditors is separate and apart from your obligation pursuant to the divorce decree, generally. Talk to a local attorney that is familiar with both bankruptcy practice and family law. good luck.
Link Posted: 2/5/2006 9:49:36 AM EDT
The judge might TELL him he has to continue to pay but he CANNOT do shit about a contract between a person and a company. Been there, done that. Judges are either stupid on this or they plain ignore the law. Also, he cannot force you to pay what is above a certain portion of your paycheck tho most of them will try. You NEEDED a good lawyer the first time. Talk to a good bankruptcy lawyer, and follow his instructions to a T. A good friend went thru close to the same situation and he is doing OK now several years later.
Link Posted: 2/5/2006 9:53:30 AM EDT
sounds like a terrible situation. best of luck getting it all sorted out.
Link Posted: 2/5/2006 9:55:20 AM EDT
Link Posted: 2/5/2006 9:58:33 AM EDT
Link Posted: 2/5/2006 10:19:49 AM EDT

Originally Posted By 50bmgsnpr:
Has anyone had any experience or know someone who has filed under the new law. How does it differ from the old. Because i might have to file. Short story:

Went oversees for two months
Old lady filed for divorce -judge gave her verything to include new caw that "I" have to pay off 5 yrs worth
Laid off job permenately (salaried) 70 K
Have 38 k job.

SAAhould i sell all assets before filing.

* I CANNOT RECOVER FROM SITUATION RIGHT NOW




Were you deployed overseas by chance with the military? If so contact an attorney you may be protected from judgements while out of the country.
Link Posted: 2/5/2006 11:05:33 AM EDT

Originally Posted By fossil_fuel:
sounds like a terrible situation. best of luck getting it all sorted out.

+1
Link Posted: 2/5/2006 4:49:06 PM EDT
tag for later
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