BarbaraW
recently joined
Reged: 07/20/06
Posts: 11
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My husband and I (married for 12 years)were in court on Monday 7/2 for our final divorce hearing. He has been ordered to pay a joint debt ($5000.00) and give me half of his retirement (approx $3000.00)..he's not happy! My husband, unrepresented because he's a police officer and thinks he knows everything, thought the divorce was going to be final on that day. The judge, though, told us that the divorce will be final in 30 days (Aug 2.) I just rcvd. a letter from the Bankruptcy court stating that my husband filed for Bankruptcy on 6/30 (2 days before that final hearing)..listed me as a creditor...have a Creditor/Debtor meeting scheduled for Aug 1.
What is he trying to pull??
P.S. When he first moved out, I offered him a settlement of.........$150.00/MONTH for 2 years!!!!!!...he said "that's not going to happen" so I got myself an attorney!
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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It won't do him much good , obligations from divorce aren't dischargable in bankruptcy . If he filed under chapter 13 , it does give him more time to pay off any debt .
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Careful. We don't want to learn from this.
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BarbaraW
recently joined
Reged: 07/20/06
Posts: 11
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Anybody out there??
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BarbaraW
recently joined
Reged: 07/20/06
Posts: 11
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He filed under Chapter 7??
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Quote:
He filed under Chapter 7??
It's still not dischargable . While he may not owe the creditors for the debt , he still owes you . Such obligations are subject to contempt proceedings if he doesn't comply . In the end you are as responsible for any joint debt as he is .
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Careful. We don't want to learn from this.
Edited by googledad (07/08/07 06:33 PM)
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BarbaraW
recently joined
Reged: 07/20/06
Posts: 11
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The judge ordered him to pay the only joint account we had, since it was a loan to improve the house that it is in his name. Can that change? Can my credit be affected? Does it matter that the divorce isn't final yet?
Edited by BarbaraW (07/08/07 06:40 PM)
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matilda
Pooh-Bah
Reged: 11/11/04
Posts: 2087
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If he files bankruptcy on a joint CC then the creditors may come after you for the entire amount. Is it possible for him to get the CC put in his name solely? The CC company would have to agree to release you of any liability and send you a letter. If by chance they release you, make sure you KEEP that letter for 10 years. When I divorced my EXH I was released, but it shows up on my credit history when I applied for a mortgage. Fortunately I still had that letter and showed it to the mortgage company so it didn't count negatively for my loan.
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BarbaraW
recently joined
Reged: 07/20/06
Posts: 11
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The court ordered him to pay the debt and before the divorce has been finalized, he's filed for Bankruptcy?? Isn't he in contempt of court?? Can I file contempt charges w/o a lawyer? The debt has my name listed, my credit will be ruined!
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Mark_Stevens
recently joined
Reged: 07/09/07
Posts: 1
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Boy am I screwed. If anyone has any strategies or advice I would appreciate any help.Basically my wife had filed for bankruptcy before the divorce is final. We are in debt over 100k. We have two houses that have approx. 50k equity. After she files they will be put up for sale, if they do net 50k after paying off the mortgage 25k is left for my portion.This 25k then is split between the two of us with none of her portion having to pay for any of her remaining debt. Am I missing anything?
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7784
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I understand you must be very upset. Please take a minute to explain some more details.
Can you tell me, was he ordered to pay the debt directly or to pay the debt to you?
Also, is this the only debt? Your first post stated that he had to pay one obligation for $5000.00.
Third, is your name on the debt? Since you're still in proceedings and you have discovered this BK, the judge may be willing to order your name removed from the account.
Finally, if he is filing BK, he was probably advised to include you as a credtior. My hubby's ex did this to us as well because his name was on some of the debt she filed on.
They were both ordered to pay their respective debts by the court. He paid his, she filed BK on hers.
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