I am now legally divorced, but when we separated, I did not cover my a@# financially. My dad was diagnosed with colon cancer, so I was not concentrating on the separation and left with my 2 kids to be with my family. Before I could cancel anything, he overdrew our joint bank account and the car in his possession was repo'ed, but both our names were on the loan. All of this is stated on the divorce decree, but that doesn't protect me from the creditors. Anyway, now he has filed for bankruptcy. So I am afraid the creditors are going to come after me. Should I file bankruptcy too? I refuse to pay for debts that were his alone, plus I can't afford it. Any suggestions?
2007-01-11 17:10:16 · 10 answers · asked by micheyL 2 in Business & Finance ➔ Credit
You may want to consult an attorney about filing your own bankruptcy.
Another option you have if your ex filed for bankruptcy within the last 90 days, you may object to him discharging any liability against him. That would allow you to collect damages from him.
2007-01-17 14:53:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Wow! This is a "hot mess".
If you "refuse" to pay for your ex-husband's car that was repo'ed, then I guess bankruptcy is an option.
Just remember that bankruptcy is just like cracking a mirror -- you can anticipate seven years of bad luck.
Bankruptcy is not for the faint of heart and you have to attend credit counseling courses AND have the last three years of your taxes filed before the judge will even hear your case.
The bankruptcy laws have changed and it isn't the cakewalk it used to be.
If you can't afford to pay his debts now, it would be EVEN HARDER to obtain credit once you file for bankruptcy. You're damaged goods at that point and creditors will treat you as such.
On a more personal note, it is incumbent on you to be a better "picker" of men because your ex sounds VERY trifling. And you can't AFFORD trifling men in your life.
2007-01-12 01:18:17 · answer #2 · answered by DaMan 5 · 0⤊ 0⤋
Bankruptcy is your best option. Most people file for both divorce and bankruptcy at the same time. I know my ex-wife and I did and it was easy.
With the new bankruptcy laws you might be forced into a chapter 13 wage earner instead of a chapter 7. If you make enough money? See a lawyer. You will be forced into chapter 13 and will have to pay the money anyway. Consult a lawyer fast and find out if you qualify for chapter 7.
2007-01-12 11:00:42 · answer #3 · answered by ? 7 · 0⤊ 0⤋
You should definitely talk to the lawyer that handled the divorce for you. I don't see this getting resolved any other way. You're right to assume the creditors will turn to you to try and get money. When he list his creditors, they will be notified that there is a Bankruptcy being filed by him and they will be searching for ways around it.
2007-01-17 12:41:59 · answer #4 · answered by Jodysgirl 1 · 0⤊ 0⤋
It's impossible to recommend anything without going over your current financial situation and the divorce paperwork.
Most Bankruptcy attorneys will give you a free consultation...you need to do that.
2007-01-12 11:26:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
His portion that he was charged to pay through the divorce decree will be discharged and you will still have to pay your half unless you file bk too. Most people would have filed the bk and divorce at the same time. Both ruin your credit.
2007-01-12 01:17:04 · answer #6 · answered by tbear 5 · 0⤊ 0⤋
yea this is why prenups are the rule. and why the highest bankruptcy bracket comes from divorces.
Credit counseling first (and they will probably tell you to file) but you are screwed sorry hun.
2007-01-12 01:18:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The only thing I can see you doing is suing him and proving that he possess the items in question and incurred the debt on his own.
2007-01-12 01:20:16 · answer #8 · answered by Anonymous · 0⤊ 0⤋
im still 13..
i noe nuhtin bout bankruptcy..
i stil hav eit good..
hope u do...
hope everytings work put 4 ya ! ;)
2007-01-20 00:11:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
take him to court and make him pay for the bills that he left in his name and be sure you put him on child surport
2007-01-16 15:52:22 · answer #10 · answered by nancy o 4 · 0⤊ 0⤋