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dkennedy
dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 5998
Experience:  Juris Doctorate Degree
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My husband and I are getting a dissolution, we are also currently

Customer Question

My husband and I are getting a dissolution, we are also currently filing chapter 7 bankruptcy which is scheduled july 21. We have agreed on everything with the dissolution and have decided to do the dissolution ourselves... still agreeing on things. I have a few questions actually.... we will be losing our house obviously, but we also had a home that was transferred to my name that is in need of great repair and not sure if they will take it or leave it. Also we do not live together, and months after separation I had to get another car. so with that information, do I need to list the house/houses in the paperwork for the dissolution, and also do i need to list my car?
Submitted: 4 years ago.
Category: Legal
Expert:  dkennedy replied 4 years ago.
Chat Conversation Started
dkennedy :

Hello, What is happening July 21? Meeting of creditors?

Customer:

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.

dkennedy :

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.

dkennedy :

By the way, why will you "obviously" be losing your house? Do you want to give it up?

Customer:

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?

Customer:

I really appreciate the help. thank you

dkennedy :

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.

dkennedy :

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.

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