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Law Pro
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Category: Bankruptcy Law
Satisfied Customers: 24040
Experience:  20 year experience in practicing law.
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Please help. My situation is as follows... I retained a lawyer

Customer Question

Please help. My situation is as follows... I retained a lawyer to file chapter 13 for myself (not wife) which has not been filed as of yet because I have now been served with divorce papers. I spoke to my bankrupt lawyer and he said I should move out and get an apartment and possible file chapter 7. I and wife share a house, two autos, and furnishings. My wages are $54,000 a year. Do I move out and file bankrupt or do I stay in our house and file bankrupt? She can have the house after all I put her through. Please what do I do?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Law Pro replied 5 years ago.

There is equal right to the marital residence - regardless if you file bankruptcy or not.

 

You and you wife have some serious issues. Debt incurred during the marriage is considered marital debt regardless of under whose name it was incurred - therefore, she is jointly liable for the debt in family division although she may not be liable through other civil or bankruptcy court.

 

How is the house titled - jointly or individually?

 

 

Customer: replied 5 years ago.
The house is filed jointly. And this web site has took $60. from account. They have commited fraud and scamed me for $30.00. I agreed to pay $30.00 and this wab site took $60.00 from my visa. First time on here and I got took.
Expert:  Law Pro replied 5 years ago.

Fist, you have not clicked "accept" yet - so you have not paid anything yet.

 

Second, your are only listed as paying $30.00 - that's it - I don't know where your getting the $60.00 from - no fraud or scamming going on here by this web site.

 

Third, if you want to give your wife everything - you can - and then file your bankruptcy individually and discharge all your debt. However, she will have to refinance the house into her name alone without your help. If she agrees to this you can certainly move out and move on with your life.

Customer: replied 5 years ago.
Thank you. So Do I move out now before the divorce and bankrupt, do I divorce first, Do I file bankrupt first? I'm totally lost.
Customer: replied 5 years ago.
Is it possible to chat so that we could get the best answers and question solved?
Expert:  Law Pro replied 5 years ago.
I think you need to contact and retain local counsel given the facts as you presented. You have much more going on than I can possibly answer in this venue and I don't want to be going through a thousand questions and answers when the last time you stated that this website was fraud and you hadn't paid anything whatsoever.
Customer: replied 5 years ago.
I contacted your company and they refunded the $30 and admitted that they mistankly took $60 out of my visa account. I hadn't paid anything to you but they took the money out of my Checking account.

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