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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19106
Experience:  B.A.; M.B.A.; J.D.
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I filed and recently got court order pende lite support but

Customer Question

I filed and recently got court order pende lite support but we are so behind in mortgage they wont work with us the mortgage company. Also, my husand has a second lien on the house which I am not on and I am terrified about it. I feel a bankrfuptcy will help me get a fresh start. Can you tell me in Maryland how much will this cost me? And can it be done before the divorce or should I wait until after ? thanks
Submitted: 11 months ago.
Category: Bankruptcy Law
Customer: replied 11 months ago.
he abandoned us as well so it as not that I did not just pay. I have called them since I found out in November and when they tried to work a deal he did not want to so he hired the real estate attorney and it has been going on ever since. now we owe 40K first mortgag is 314K second is 130K home is worth about 400K.......he wants to just walk away and I wanted to keep the home for my three kids. My brother in law thinks I should file bankruptcy to protect myself because I may never get out of this? please help(###) ###-####
Customer: replied 11 months ago.
also, my kids turn 18 in a year so support will stop. I am trying to get alimony though but the ongoing issue with the house has made things more challenging....
Customer: replied 11 months ago.
at mediation
Expert:  Phillips Esq. replied 11 months ago.

Good evening: I am so sorry to read about your difficulties.

Yes, bankruptcy may be an option. However, it is always better to wait until after the divorce to file for bankruptcy protection. If you file for bankruptcy during the divorce, any property division would have to be suspended pending the outcome of the bankruptcy case unless your spouse or you file for relief from the automatic stay to obtain permission of the bankruptcy Court in order to proceed with the property division in your divorce case. On the other hand, you would not be able to negotiate payment plans with your creditors if the bankruptcy Court has not ruled on the property division. So, it can get quite messy. So, it is always better to file for bankruptcy before or after the divorce, but not during the divorce proceeding.

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