Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> Bankruptcy Issues

Jump to first unread post. Pages: 1 | 2 | >> (show all)
emilar
enthusiast


Reged: 06/11/06
Posts: 380
chapter 13 or 7?
      #245576 - 06/05/07 11:18 AM

I know one is a payback one and one is not. Which would be better for a divorce situation? The attorney I am scheduled to see said bring all my bills, but when I said I was going through a divorce, he said the ones in my name? What about marital property? I don't want to make any mistakes. I see they have free forms online.Are they hard to do? Thanks

--------------------
If you can't be a good example, then you'll just have to be a horrible warning.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Relayer
Carpal \'Tunnel
**

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
Re: chapter 13 or 7? [Re: emilar]
      #245602 - 06/05/07 11:43 AM

Bring the marital ones too, as those are also in your name. BTDT

--------------------
GO CUBBIES!!!!


Post Extras: Print Post   Remind Me!   Notify Moderator  
emilar
enthusiast


Reged: 06/11/06
Posts: 380
Re: chapter 13 or 7? [Re: Relayer]
      #245604 - 06/05/07 11:46 AM

They are only in his name at the credit union.(auto)
What is BTDT?

--------------------
If you can't be a good example, then you'll just have to be a horrible warning.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Relayer
Carpal \'Tunnel
**

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
Re: chapter 13 or 7? [Re: emilar]
      #245610 - 06/05/07 11:53 AM

Been there done that. My ex filed chapter 7 (while we were still married, before we seperated and before we even had a hint of ending the marriage). She did it secretly without telling me (so I guess SHE had a hint...hehe). She escaped ALL marital debt.

You can't BK on debt your name is not on. Bring them anyway though.

--------------------
GO CUBBIES!!!!


Post Extras: Print Post   Remind Me!   Notify Moderator  
emilar
enthusiast


Reged: 06/11/06
Posts: 380
Re: chapter 13 or 7? [Re: Relayer]
      #245614 - 06/05/07 11:58 AM

What will happen with the marital property in the divorce then? Do I have to forfeit my rights to it.

--------------------
If you can't be a good example, then you'll just have to be a horrible warning.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Relayer
Carpal \'Tunnel
**

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
Re: chapter 13 or 7? [Re: emilar]
      #245627 - 06/05/07 12:25 PM

Since your name isnt on them, it's probably going to happen anyway. He might be forced to turn one over to you, but you will be forced to assume the debt yourself (If you qualify)

BTW, I would recommend a chapter 7 over a 13. If you cant make the payments now, you wont be able to probably in the future.

--------------------
GO CUBBIES!!!!


Post Extras: Print Post   Remind Me!   Notify Moderator  
emilar
enthusiast


Reged: 06/11/06
Posts: 380
Re: chapter 13 or 7? [Re: Relayer]
      #245638 - 06/05/07 12:42 PM

Even if he refinanced them when they were almost paid off just for that reason.The balances are higher now than they were when we started this. He refinanced them Jan '07 .
How would that be equitable distribution.If he gets them because he's paying on them, he'll suceed at making his take home pay 1400 mnth instead of 6000.

--------------------
If you can't be a good example, then you'll just have to be a horrible warning.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Gecko
Carpal \'Tunnel
**

Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
Re: chapter 13 or 7? [Re: emilar]
      #245675 - 06/05/07 01:41 PM

Which would be better for a divorce situation?

---> Depends on your situation, but it really doesn't matter, because the bankruptcy laws will determine whether or not you go 7 or 13.

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


Post Extras: Print Post   Remind Me!   Notify Moderator  
emilar
enthusiast


Reged: 06/11/06
Posts: 380
Re: chapter 13 or 7? [Re: Gecko]
      #245680 - 06/05/07 01:54 PM

Is there a certain amount of debt you have to have? I have a mortgage and it has negative equity.

--------------------
If you can't be a good example, then you'll just have to be a horrible warning.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Gecko
Carpal \'Tunnel
**

Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
Re: chapter 13 or 7? [Re: emilar]
      #245721 - 06/05/07 03:28 PM

Mainly it's about "ability to REpay".

--------------------
If you air your dirty linen in public, expect people to comment on the skid marks!


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1 | 2 | >> (show all)



Extra information
0 registered and 0 anonymous users are browsing this forum.

Moderator:   

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is enabled

Rating:
Topic views: 6846

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: