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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hi, I live in Milwaukee, WI. and am in need of answers to my

Resolved Question:

Hi, I live in Milwaukee, WI. and am in need of answers to my questions in regards XXXXX XXXXX

My husband had a second job that he quit and is now seriously behind on his bills. He mentioned filing for bankruptcy to me and as soon as I informed him that I had absolutely no interest in filing and wouldn't be doing it, he tried to pass it off as a joke. I know he wants to file and if so, this would be his fourth bankruptcy. Due to his financial irresponsibilty and failure to pay any bills that were in my name, we had to file 6 years ago. That was my first bankruptcy and I want it to be my last. We are having severe marital problems that will lead to divorce. I am disabled and haven't worked in 17 years nor during the duration of our marriage (9 yrs. and 5mos.). I do not receive any other source of income and therefore am totally reliant upon his income. He has now cut me off from having any access to his income, gotten a p.o.box, and is refusing to pay any bill that is in my name. The bills that we share jointly are, mortgage and a car loan. Everything else is either in his name or mine and the majority of the bills are in my name which I've kept up and have paid on time every month. He doesn't even buy food for the house or want to do anything for our son. I believe that by doing this, he's trying to force me into bankruptcy. So my questions are:

1.) Can he force me into bankruptcy?
2.) If I don't do it, how will it affect me?
3.) If I do it how will it affect me?
4.) Instead of filing, are there any other options I may have to protect myself?
5.) If I don't file for bandkruptcy and we file for a divorce, can he be made to pay half of the debt that he wrote off in bankruptcy and has burdened me with?

Again, I have absolutely no income and believe that he's trying to clear himself of all his debt and then move out leaving me with a house I can't afford and a son to take care of with no money.

Please, please! let me know what it is I can do to protect myself and credit. He caused me to file once and now he's trying to do it again. Rebuilding credit is hard enough but, especially for someone with no income and a bankruptcy on her record at age 45.
Thanks for your time and patience.

Sincerely,
J.W.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi myfreedom,

With no income, how are you paying the bills that are in your name?

How much equity (market value minus balance on mortgage) does your house have?

Customer: replied 3 years ago.
Up until a month ago, My husban still had his payroll check direct deposited. He has cancelled that and most likely gotten another bank account at another bank. Because of his inability to prioritize, we have nothing in a savings, checking or other wise. He is 65 years old, been on his job for I'm not sure how much equity we have. We've had the home for 11 years in November and have refinanced twice. I can't remember but, I think the home was last accessed at around $200.000. however, I truly believe we would end up oweing on the loan. Most definitely isn't worth that amount.
Customer: replied 3 years ago.
Up until a month ago, My husband still had his payroll check direct deposited. He has cancelled that and most likely gotten another bank account at another bank. Because of his inability to prioritize, we have nothing in a savings, checking or other wise. He is 65 years old, been on his job for just over 30 yrs. and decided two years ago to contribute to his jobs TSP account. I'm not sure how much equity we have in the home. We've had the home for 11 years in November and have refinanced twice. I can't remember but, I think the home was last accessed at around $200.000. however, I truly believe we would end up oweing on the loan if needed to be sold. Most definitely isn't worth that amount.
Expert:  cfortunato replied 3 years ago.

1) Your husband cannot force you to file a Bankruptcy.

2) If you don't file, and he does, you will remain solely responsible for all the debts that are in your name and all the debts that are in both names. However, if you have no income, and no assets, there is really nothing the creditors can do to you if the bills are not paid, and you do not file.

3) If you also file, no will no longer be responsible for paying any bills. This does not mean, however, that you do not have to continue paying the mortgage, because if you do not, the house can be foreclosed.

4) There are no options besides filing a Bankruptcy that will remove your liability for your debts. However, as explained in #2, given the information you provided, you are not vulnerable to collection attempts (because you have no income or assets).

5) Debt repayment can be made a part of the divorce decree.

I think I answered everything. If not, please let me know.

Thank you!

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

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