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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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If a court awards a judgement to a creditor, and the creditor

Customer Question

If a court awards a judgement to a creditor, and the creditor then chooses to sieze my real property what can they take? And also, if I marry after the fact and my spouse lives with me will the sherrif just take everything in the house? Even if my spouse paid for it? (example, big screen tv, leather couch?)
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
The creditor will request a hearing, normally called a Citation to discover assets.
Normally, the creditor wants to put a lien on a home, freeze and turnover bank accounts, and /or garnish wages. These are the main things the creditors go after.
A bankruptcy case can stop the action immediately once the case is filed with the bankruptcy court.
Customer: replied 5 years ago.

Thank You,

 

I am considering bankruptcy because of a divorce of three years ago and a ton of bad joint debt.....with child support and all I could no longer keep up....the only reason I do not file for bankruptcy is tha my new fiance has a joint credit line with me and I am scared if I file bankruptcy they will hurt her credit and take away the credit, she is the primary. And the main thing I am asking is if it was to go as far as siezing property which scares the hell out of me, do they just take everything? and how do they prove that it belongs to me? Everything in the house is not mine.

Expert:  Terry L. replied 5 years ago.
Joint debts are always the cosigner's responsibility, even if you file bankruptcy. If she is current on the payments, her credit will not be affected if you file bankruptcy. It is rare that a creditor would request you to show what assets you have, asside from 'liquid assets' like cash, money in the bank, stock etc. Each state has exemptions to protect personal assets in the event of a judgment, so most of your personal assets will be fine...trust me, the creditor doesn't want to sell your couch, and your silverware...they would rather garnish your paycheck to get cash.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
thank you
Expert:  Terry L. replied 5 years ago.
you are welcome.

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