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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17223
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 is filing bk and I have filed for Divorce in the

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my husband is filing bk and I have filed for Divorce in the State of Florida, he surrendered the RV was living in, my name is XXXXX XXXXX not on loan. My divorce Attny said I am not responsible, his BK Attorney said I am liable unless he surrenders it. My husband has a problem telling the truth, thus the divorce. My husband it wanting the divorce first the the bk, I would like the bk and then the divorce as far as Alimony, and the cash advances of marital debt that are in mine name he used to hire several Attorneys. My husband's bk attorney according to my husband called me stupid for not filing bk on 7k of debt of mine and 7k of debt his, as marital debt would be split.

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 a common issue,

WALLSTREETESQ :

if you are not on the loan, you cannot be sued,

WALLSTREETESQ :

however you are the title owner, and have to approve any surrender of the car,

WALLSTREETESQ :

to remove your name,

WALLSTREETESQ :

if he lists the car in the bankruptcy, he can surrender it,

WALLSTREETESQ :

and since you are not on the loan, you are not going to be liable, since you did not sign off,

Customer:

if at he would have had it repossessed would I have been responsible? That is what the husband said would have happened and now I am homeless

WALLSTREETESQ :

no, the lender could only go after the individuals on the loan,

Customer:

thank u

WALLSTREETESQ :

You can only be sued to remove your interest in the property,

WALLSTREETESQ :

but in those cases, you can call the lender and advise them you will sign over your rights to the car,

WALLSTREETESQ :

also, you are entitled to 50% of any equity in the RV, if there is any

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask,

WALLSTREETESQ :

If satisfied please provide us with positive feedback.,

WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

If I am not filing bk, and there is 14k of marital debt (Florida), will he have to be a ccountable for half that debt, and if so, if I pay that debt down to maintain good credit, will his portion be at the time of divorce, or at the time of separation, or at the time of filing for divorce.

Typically his part of the debt ends at time of filling a separation, or the actual act of separating, that is a negotiable issue,