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
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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
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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
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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
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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
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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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Gecko
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Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Well, if he's not happy now, he'll be even MORE unhappy to learn that HE just put an indefinate "hold" on the divorce as federal law superceeds state law and HE just pissed off the Judge.
You need to get this information in front of the Judge as soon as possible and ask that the final order be vacated because of the fact that he did file bankruptcy. You're also going to be asking for ALL of his retirement plus any additional amounts so YOU can pay the debt...plus you want attorney's fees.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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No correct.
1) Because of his filing date, he has every legal right to include ANY debt.
2) Debts assigned during the divorce can be included in the bankruptcy SO LONG as the Ex has been listed as a co-debtor; it is then up to the "co-debtor" to object to the inclusion of debt. And even if the CD does object, if repayment o the debt would created an "undue hardship" (and the bar is MUCH higher these days), it could be dismissed.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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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.
---> Sorry, but a Judge cannot ORDER a creditor, who has a legal contract/agreement, to remove a debtor from an account.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Start a new thread and we'll go from there.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Quote:
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!
Many of us have been thru this. Creditors do not care what your divorce decree says. IF he files BK they will come after you for the money. Plain and simple and yes it will affect your credit. BTDT.
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13.1...because I am only half crazy!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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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??
---> Technically...no because the backruptcy was filed BEFORE the hearing.
Can I file contempt charges w/o a lawyer?
---> Again...no.
The debt has my name listed, my credit will be ruined!
---> If it's the only debt, it is doubtful your credit would be "ruined".
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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BTDT too. Ex filed for bankruptcy (used my money to pay the BK lawyer too..haha)and never said a word to me about it. I had no idea. She was discharged from ALL our joint debt and never said a word. They came after me for assets she won in court, such as her car (which I co-signed on and she defaulted on), about $30K in CC debit she was responsible for and other minor stuff like cell phone bills, little lines of credit at clothing stores, etc. It was about $40K in all (of her share of the debt). A creditor couldnt care less what a decree says. All that matters is your name is also on the account.
Your credit is trashed.
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GO CUBBIES!!!!
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Yup, applies to just the cards themselves and payments not just to bankruptcy. In my first marriage, my ex was responsible for ONE credit card.. which he did not pay and put into credit counseling. I've been divorced from him for about 10 years and just now like coming October I can have the item taken off my bureau. My one black credit mark is that damn account and it knocks my score down by about 40-50 points I'd say. It's a collection account, 90+ days past due more than 3 times, etc etc etc. Totally pita that it's there and I cannot WAIT to get it taken off.
I too contacted the creditor with my handy dandy divorce decree and they said "that's nice, but your name is still on the card.. tough luck". I kept trying too,lol.. hoping I'd get some person on the end of the line who was either a) stupid or b) sympathetic, lol.. no such luck 
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The best we can do is live our lives with enlightened improvisation.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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You do realize that you could have had her bankrutpcy dismissed for fraud? As a CO-DEBTOR, you SHOULD have been notified of the bankruptcy and if you weren't, that means that she failed to list you and THAT is "fraud".
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If you air your dirty linen in public, expect people to comment on the skid marks!
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FINALLYFREE
recently joined
Reged: 11/01/07
Posts: 1
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MY HUSBAND AND I DIVORCED LAST YEAR AFTER 16 YRS. HE RE-MARRIED LAST YEAR ALSO. HE HAS BEEN SELF-EMPLOYED FOR 14 YEARS. NOW IS CLAIMING "BUSINESS IS BAD, GOING DOWN". HE IS FILING FOR FORECLOSURE ON 5000SQ.FT HOME AND THREATENING ME BY SAYING WAIT TO SEE WHAT HAPPENS NEXT. I HAVE A FEELING HE WILL CLOSE UP BUSINESS, AND FILE BANKRUPTCY. IS HE STILL OBLIGATED FOR ALIMONY AND CHILD SUPPORT PAYMENTS? WILL THEY BE ABLE TO LOWER THE AMOUNTS IF HE DOES THIS?
THANK YOU!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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IS HE STILL OBLIGATED FOR ALIMONY AND CHILD SUPPORT PAYMENTS?
---> Yes
WILL THEY BE ABLE TO LOWER THE AMOUNTS IF HE DOES THIS?
---> Maybe
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If you air your dirty linen in public, expect people to comment on the skid marks!
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car1945
recently joined
Reged: 11/08/07
Posts: 1
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I filed for Bankruptcy on june 12, 2006. My wife filed for a divorce on july 2, 2007 while I was still under bankruptcy. Can she do this?
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Yes.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Quote:
I filed for Bankruptcy on june 12, 2006. My wife filed for a divorce on july 2, 2007 while I was still under bankruptcy. Can she do this?
Why would a BK stop her from filing for divorce?
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13.1...because I am only half crazy!
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rnmom34
member
Reged: 01/20/08
Posts: 174
Loc: oxford, ohio
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Don't know what state you are in but in OH my xh tried that and when the dr courts found out he filed bankruptcy BEFORE our divorce was finalized, they postponed it being final until after the creditors hearing. Also if he filed it BEFORE you went to court the debt from dr order would not be included because the dr order was AFTER the bankruptcy filing. Either way you can prevent him from getting out of anything.
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