emilar
enthusiast
Reged: 06/11/06
Posts: 380
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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
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Relayer
Carpal \'Tunnel

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Bring the marital ones too, as those are also in your name. BTDT
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emilar
enthusiast
Reged: 06/11/06
Posts: 380
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They are only in his name at the credit union.(auto) What is BTDT?
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Relayer
Carpal \'Tunnel

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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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!!!!
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emilar
enthusiast
Reged: 06/11/06
Posts: 380
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What will happen with the marital property in the divorce then? Do I have to forfeit my rights to it.
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Relayer
Carpal \'Tunnel

Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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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!!!!
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emilar
enthusiast
Reged: 06/11/06
Posts: 380
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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.
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Gecko
Carpal \'Tunnel

Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
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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!
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emilar
enthusiast
Reged: 06/11/06
Posts: 380
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Is there a certain amount of debt you have to have? I have a mortgage and it has negative equity.
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Gecko
Carpal \'Tunnel

Reged: 06/01/04
Posts: 19891
Loc: Third rock from the sun
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Mainly it's about "ability to REpay".
-------------------- If you air your dirty linen in public, expect people to comment on the skid marks!
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