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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hi.again so I was planning on going doing a chapter 7 bankruptcy

Customer Question

Hi.again so I was planning on going doing a chapter 7 bankruptcy and I'm in the middle of a NASTY divorce what happens of he FILES FIRST????? On 2 vehicles and my home that I don't live in anyways but my names still on the mortgage
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

Customer:

Hi JACustomer,

Customer:

Are you and your spouse currently living in separate households?

JACUSTOMER-vnb36g2c- : Yes we live apart. I moved out in December I have a property settlement agreement signed and notarized which states things about the house he wanted to stay didn't wanna sell he said he would take over all the bills the mortgage etc of the house. I KNOW if he chooses to stop paying it what ever legally creditora
JACUSTOMER-vnb36g2c- : Creditors don't care and my credit would be screwed no matter what. Not to mention I am claiming chapter 7 bankruptcy and he THINKS he can claim that as well he's made comments to mean it it for AWHILE accept he brings in over 65-80k a year that's the LEAST he's made because he sells cars... Now I was told that 54k is the limit for a household of 2. But he is a house
Customer:

Thank you for your response.

Customer:

Since you and your husband are maintaining separate households, and if both of you are planning on filing a Bankruptcy, it will not matter which one files a Bankruptcy first.

JACUSTOMER-vnb36g2c- : Household of 1 but he thinks because his brother got it done 2 months after being 100% medically discharged and retired from the US army . My husband got out of the army in 2006 because he was honorablly medically discharged (I think the honorable medical dish charge part I don't know if its true but anyways) he gets VA disability like MAYBE 70% its 864$ a week but he thinks that he QUALIFIES for chapter 7 because his was aloud to... I DONT KNOW WHAT TO DO
Expert:  cfortunato replied 4 years ago.

If your husband receives $864 per week from the VA, he will be allowed to file a Chapter 7 Bankruptcy, as he is allowed to have up to $3,873 income per month to qualify to file a Chapter 7 Bankruptcy.

 

However, since you and your husband are not living together, and since you are planning on filing a Bankruptcy, it will not matter if your husband files one before you do.

Customer: replied 4 years ago.
No he gets 864 a month and brings in about 7 k a month from work
Expert:  cfortunato replied 4 years ago.
Thank for the clarification.

Then he cannot file a Chapter 7 Bankruptcy, so you do not have to worry.