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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My husband and I filed for bankruptcy on 6/30/10, then on 7/3/10

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My husband and I filed for bankruptcy on 6/30/10, then on 7/3/10 he left me. Part of the debt was a large sum of money that he'd borrowed from my 73 year old mother. He gave her the reason that he wanted to use it to save our house. I had asked that we consider filing bankruptcy but he refused to think about it until one of his friends suggested it. We are preparing to file for divorce soon and I asked him how we could arrange to pay my mom's retirement $$ back to her. His response was that he'd paid my credit cards with the money so it wasn't his responsibility. If the bankruptcy goes through and the debt is discharged then I suppose it's just a moral attitude of wanting to return her money and/or help her with retirement. My question is, how can I withdraw from the bankruptcy so that I am responsible for re-paying my mother without taking the credit hit. The main portion of the debt is a large credit card in his name, the house which is in foreclosure and has a loan taken out in his name, and his child-support payments.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

 

You do not have to withdraw you can reaffirm the debt owed to your mother, by filing an amendment to the filing and in your statement of intention, advise the trustee you will reaffirm it.

 

Also, in your divorce case, you could ask the divorce court to have him pay half of the debt to your mother as well.

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