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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15994
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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getting a divorce in Florida, husband is filing bk, I am not

Customer Question

getting a divorce in Florida, husband is filing bk, I am not filing bk, for some reason he is pushing for the divorce first and has not filed his BK. What benefits him? There is on joint credit card with a $4400, balance, I was titled on a RV, not on loan, that he had surrendered/repoed' as well as a boat that I wast not on title or loan, repo'ed, and $40k in charge card debt that I removed myself from as authorized users. My divorce Attny said he has to pay has of my marital debt, half of the joint card, my card he used for his BK attny, and to pay down debt on his card, and he used that money for a Divorce Attny. At the time we were trying to work out his martial waste with another women and drove up his cards to the limit. I believe he was intending to do this and the bk, as he saw the bk attorney behind my back, and before I found out of the 23k in marital waste. My divorce Attorney says I qualify for Alimony, in an motion for gap Alimony, he filed with the court that he had no money, and listed all his debt he is filing bk on. He has left me homeless, and I need to know what the strategies a
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

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

WALLSTREETESQ :

This is not a smart decision,

WALLSTREETESQ :

if both of you would file bankruptcy,

WALLSTREETESQ :

if you are working,

WALLSTREETESQ :

by filling married your income may push him out of a chapter 7

WALLSTREETESQ :

In terms of the impact for you,

WALLSTREETESQ :

it should have limited bearing, as a bankruptcy cannot lower any alimony or child support,

WALLSTREETESQ :

also it may help him if he gives you property during the divorce

WALLSTREETESQ :

and the bankruptcy court may have taken this property if he filed before the divorce is finished,

WALLSTREETESQ :

If he filed the bankruptcy now, before the divorce all debt in his name would be discharged,

WALLSTREETESQ :

however any debt in your name will not be,

Expert:  WALLSTREETESQ replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 1 year ago.

We have lived apart since March 23, 2013, my income of less than 11k will not affect his qualifications on his bk. I am not filing bk at all. I own and in title of the 2 trailers, which were held in my name from my C corp, are now sold. The car I am driving and truck he is driving are assets I purchased from the Corp when I closed it in 2006, have been only titled in my name. He has no assets. His income to 60k, with 159k in debt to file bk, should not affect qualifying for Chapter 7, as my income is only 11k last year and will be less than that in 2013. So I am still not clear on his strategies of pushing for the divorce before he files BK. Why is he telling me that he wants the divorce first and bk second.

Expert:  WALLSTREETESQ replied 1 year ago.
I do not see the benefit, the only issue I can see is if he is trying to have you pay 50% of marital debt in his name, and since the debt exists, he can ask for it from you.
Expert:  WALLSTREETESQ replied 1 year ago.

He also may be able to discharge his legal fees from the divorce if he files later. If you have any further questions please do not hesitate to ask.

 

If satisfied with our service please provide us with positive feedback.

Customer: replied 1 year ago.

I do believe this is the stratifies, as he has threatened me that I am going down in his BK.


 


What can I do about this, delay the divorce? Can the judge protect me, as he committed marital waste to take those cards to the limits.


 


He planned this, and the bk, is that not defrauding the creditors ?

Expert:  WALLSTREETESQ replied 1 year ago.
That will be fraud, and your divorce attorney should mention this to the Judge, and if he actually files bankruptcy and you paid him for the debt, you can go to the Court, and advise the Bankruptcy Trustee of the matter, if he finds fraud, that is a felony, and he would face jail time.
Expert:  WALLSTREETESQ replied 1 year ago.
If you have any further questions please do not hesitate to ask.
If satisfied please provide us with positive feedback, thank you
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15994
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

If is his BK is done before the divorce, and this if Florida, he would be responsible for half my debt, and he would not have any debt after filing BK. However, how would that debt be split if a portion of that debt went to pay down his charge cards, and he then used those charge cards again for his legal fees for divorce Attorney, and Bk Attorney, and Car Insurance, full knowing he was filing BK.


Will he have to pay a larger share of my debt in my name, I can prove where the money from my cards went to pay down his cards, as he led me to believe he wanted to work on our marriage and I like a dummy believed him and took 6k cash advances on my cards to bring down his debt so we could do some refinancing after his marital waste with another women that he claims it was a loan to a poor family.


 


 

Expert:  WALLSTREETESQ replied 1 year ago.
In your divorce case you would need to address this issue, by showing credit card statements, if you can prove this he could still be liable.

Also this is bankruptcy fraud, and you can advise the bankruptcy trustee of his actions and the trustee can refuse to grant him a discharge.
Customer: replied 1 year ago.

Can my husband obtain a loan for a truck to purchase of of our divorce after he files BK?


 


Is there a law against a loan 6 months before BK, and 6 months after discharge of a BK?


 


If he is able to obtain a loan for this truck to pay marital debt and to obtain the truck from the loan. Would that loan be at a high interest rate for a 2003 truck with 250k miles?

Expert:  WALLSTREETESQ replied 1 year ago.
he could try to obtain a loan, however he would be denied, due to his bankruptcy. His credit would go down 200 points once he files, so any loan he may get would entail an interest rate 15-20% at best

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