Have Legal Questions? Ask a Lawyer Now.
Hello, What is happening July 21? Meeting of creditors?
yes, meeting of creditors on July 21. I dont want to wait until after everything is said and done with the bankruptcy because my husband took me off his health insurance already, and to get the health insurance at my work I either have to wait til the next enrollment.... too far, or show proof of dissolution/divorce.
You can go ahead and list whatever you want to in the disso paperwork, especially at first. Then, when you and your husband go to work out the details, you will only divide up, what you actually own at that time.
By the way, why will you "obviously" be losing your house? Do you want to give it up?
well, I guess not obviously. was told I could keep it by filing chapter 11, and would also have to pay a determined amount monthly for about 3 yrs, basically paying back the debts. in addition to my regular utility bills and mortgage payment. with getting a divorce I guess i am being cautious and just letting it go and filing chapter 7 to get a fresh start. i have had very bad luck, believe me, and am afraid if something would happen to me it would start all over again since i am now the only one working in my home. I was told i could keep the other house we own because it was appraised at less than 25000. however I would have to be living in it currently, which is impossible since it is in need of so many repairs. any other advice on this? would i have to be physically in it? or receiving mail there?
I really appreciate the help. thank you
Of course, it's not always simple to figure out what you can keep, and how to do it in a bankruptcy. And without all the information I can just tell you that you can usually keep your homestead. I don't know of a rule that says you have to be living in it, especially if you are trying to get it fixed up to be liveable. But, you probably can't keep it if it is a rental property. You also would not be advised to keep it if it is costing you money, while you are also paying a large rent somewhere else. After all, bankruptcy is supposed to be for people who are in financial difficulty and need a fresh start. So, you have to be very careful what expenses you are keeping.
Also, if the house is so bad that you are having great difficult even fixing it enough to be able to live in it, perhaps it would be better to let it go.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).