Bankruptcy question due to divorce

[Guinevere04]

We are having to file bankruptcy, losing the house. it's terrible. All because I can't make all the payments myself while he lives in the house making twice teh money I make. Our 3 year old son and I live in a 2 bedroom apt and he lives in our 4 bedroom house but he refuses to pay for anything because he says that is what I deserve for not sticking by him and his alcoholism. He says I should have been a better supporter. Well I did it for 6 years and I had my fill.

 

Anyway, we filled out the papers together the other day (world's biggest mistake,always do those things separately) and I asked the attorney if we had to wait for the bankruptcy to be final before the divorce could be final. He gave me a long answer about tenants by the entirety and I am normally pretty good with legal stuff but I swear, I have no idea what the bottom line was.

 

Has anyone else here had to file bankruptcy and did you have to wait until it was finished to file divorce. We will have been separated a year in 17 more days!!!!!!!! but the bankruptcy takes 90 days.

 

I know I can ask my divorce lawyer too but she charges for every single phone call and I am dying to know. I just have clue what the bankruptcy lawyers answer was.

[Art_Critic]

I think the real answer can only come from your attorney,

 

But that being said a bankruptcy is all about numbers and money.

A divorce should be able to continue and be finalized if the bankrupcy isn't. The final resolution of divorce would have to incorporate and leave room for the bankrupcy.

Also the bankruptcy lawyers as well can write their documents with the pending divorce litagation in mind.

 

don't let the bankruptcy affect your moving on and starting over

[Guinevere04]

Having to make this terrible decision to file bankruptcy is the worst feeling I have ever had in my life. I have had to borrow so much $$ from my parents and struggle so hard, all while he sits back making $4000 deposits into his checking acct and taking his girlfriend out to eat and buying her clothes. I know that it will hurt my credit and that is why I have tried so hard for 9 months to keep my head above water. I talked to a credit counselor but the monthly amount I would have had to sign up for, I couldn't have done alone and it wasn't fair for me to have to pay for everything all by myself when it was joint debt. Anyway, if the divorce is drawn out an extra 90 days it's still better than being married to that SOB. Bad credit is still better than being married to him. Actually chewing my own leg off would be better than being married to him so hey, find the positive right?

[JS17]

I read your post earlier Guinevere but I know nothing about bankruptcy. I wish I could help. I don't know how your stbxh can live with himself, how can anyone be so uncaring? He's not even taking care of his own child?!?

[Guinevere04]

I think the bankruptcy lawyer shamed him pretty bad because he said I assume you are in the house since you have the little one young lady and I said, no sir. He asked my stbx, well how much are your mortgage payments, talking to him and I said, $XXX, he doesn't pay them. He just looked at him. He said, why aren't you paying it, she has her own rent? He said, she shouldn't have left. I said you shouldn't have been a drunk. It was pretty sad. We had to list all of our monthly expenses and it came to the child support part and he acted like he paid child support religiously. I said he has paid $2638 since January and daycare alone has been more than than. He just looked at him. The attorney is working for both of us so he couldn't say but so much I guess. He told my stbx I had every right to file bankruptcy but he was barely going to squeak by considering how much he makes and how little he has paid. Karma will come back. He will need something one day and won't be able to get it because he will have drank up all his money and the credit I tried to save will be gone like me.

[JS17]

Have you thought about retaining your own lawyer or would that be too expensive? You should have someone fighting for you at the table. It may end up being worth the money in the end. You know, pay a little more for a good lawyer now and end up getting more money from your stbxh in the end.

[JPMorgan]

This sounds like you are being taken advantage of. HE should be living in an apartment and make the house payments for YOU and your CHILD. Is everything in your name?

 

Try to find some legal aid center near you that you can call for advice. You shouldn't be sharing a divorce lawyer.

[Maria46]

Please get your own attorney. You need someone that is there to help you only and get you what you deserve.

 

Bankruptcy can be done after the divorce or before. Remember that even though divorce papers state that he is responsible for certain bills, if the bills are in your names jointly, they can still come after you if he fails to pay or files bankruptcy himself. You need your own attorney to protect you now.

 

Good luck

[Outcast]

This is ridiculous. Absolutely go to legal aid and fight the SOB. He doesn't deserve to live in a house free gratis while earning a wage and paying zilch. It's obscene.

[Lil Honey]

This sounds like you are being taken advantage of. HE should be living in an apartment and make the house payments for YOU and your CHILD. Is everything in your name?

 

Try to find some legal aid center near you that you can call for advice. You shouldn't be sharing a divorce lawyer.

 

 

Exactly what I was going to say . . .

 

If you had your own attorney, you likely would not have had to file for bankruptcy. YOU would be living in the house with the child - and getting child support.