Posted on
April 8, 2009
at
10:36 am
I am posting here because my bankruptcy attorney is unavailable, as usual, and I need some advice.My husband and I have been in Chapter 13 for 3 years now...Last night I found out that he was having an affair and we are obviously getting divorced. He has agreed to take on the whole debt of the bankruptcy, including the full mortgage...can this legally be done? Until I find out, I don't want to give up my house and then perhaps still be responsible for paying half...Can I be discharged and him assume full debt if it is a mutual decision?
Posted on
April 7, 2010
at
11:51 pm
Chapter 13 and divorce - hi, are you in a community property state?
Posted on
April 8, 2010
at
12:48 am
Chapter 13 and divorce - full mortgage? I'm not sure. And yes it's legal to file individual bankruptcy for married people. And I suggest you file bankruptcy with your partner, before you get a divorce to split the repayment responsibility equally -
Posted on
April 8, 2010
at
12:50 am
Chapter 13 and divorce - you know what's good about Chapter 13, is you don't have to lose your home to it because it is a repayment plan.
Posted on
April 8, 2010
at
12:54 am
Chapter 13 and divorce-- I agree with The Lonely Planet, see if your husband files for bankruptcy, his debt would be discharged - and yours might not. Or if there's a remaining debt, the creditors/collectors would go after you. Not that I'm suggesting you become underhanded, but if you're the one to file first, yours would be discharged, and he'd be left with the liability. Very petty, if you ask me. So as a sign of maturity - why not sit down and talk about it. Find out also if you really need to file bankruptcy or not.
Posted on
April 8, 2010
at
1:51 am
That's right. If your debt is mostly unsecured anyway - you may want to look into debt relief instead. You can choose from debt settlement (for debt amount $10k or above) or credit counseling (if you can repay only if the interest rates are lowered or modified even frozen for a time).
Posted on
April 8, 2010
at
3:04 am
If you dont want to lose your home then you areresponsible for paying half.
