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Can ex spouse sue for damages after divorce and chapter 7 bankruptcy in which she was listed along with the home in the bankruptcy but didn't declare being a lien holder and had not paid any money?
Wiki User
∙ 14y ago
Yes the spouse who denies that she or he held a property at the time of divorce to avoid more payment is guilty of perjury.
Wiki User
∙ 14y ago
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What does pending bankruptcy mean when trying to collect on a debt?
Bankruptcy Means Test and Household Size With a Pending Divorce .
Can you get a home loan while in Chapter 13 bankruptcy?
There is the possibility, although the probability is low. Most consumers find it impossible to get financing with an ongoing Chapter 13 bankruptcy. Usually, you need to have at least 12 months after the BK is discharged before you are lendable again. That being said; there are programs which do not consider credit at all. Given the right broker who is experienced, and enough money, anything can be accomplished. You must also ask your Trustee for permission to assume additional debt. I found this helpful: Current Bankruptcy If you are currently in chapter 13 bankruptcy, you may be able to qualify for a home loan. In fact, some lenders can actually provide FHA loans at low interest rates for borrowers in chapter 13. Re: HUD Handbook section 4155.1 Rev-4. "A borrower paying off debts under Chapter 13 of the Bankruptcy Act may also qualify if one year of the pay-out period has elapsed and performance has been satisfactory, and the borrower also receives court approval to enter into the mortgage transaction."(http://www.emortgage.com) I am trying to use the FHA to get a home loan while in chapter 13 and I have been trying to get them to clear a house since August. I made over $80,000 last year and all the BK judge would approve for me to have in a loan was $45,000 so don't get your hopes up no matter how good you have done with the bankruptcy. I have the money taken out of my check every much so I have never missed a payment and this process is a nightmare that has made me cry night after night. The mortgage broker says I would have been better off if I have filed chapter 7. Isn't that a kick in the teeth! ANSWER I am currently in a Chapter 13. Due to divorce and my husband's bills which I got stuck with. I thought I could get some reduced rates on my bills with Chapter 13. NOT. The lawyer told me that I would be clean after bankruptcy. NOT. I would have been better off just to NOT PAY all the unsecured debt. That is what my ex did, and guess what? They laid all that debt on me. He is scott free and bought a NEW HOUSE. Even though I was NOT on his cards. We were married so I am stuck with the debt. Don't EVER declare bankruptcy. Just don't pay the unsecured debt if you can't pay it. Your credit will be trashed no matter what and unpaid unsecured debt looks better than a bankruptcy. The only one who gets rich on bankruptcy is the lawyers. I've been trying to get a loan to pay off the rest of the bankruptcy and get back to normal but I can't. My Chapter 13 takes $2500 out of my $3220 monthly pay. And I can't even fix my roof. I can barely pay for food and because I make $3220 per month I don't qualify for any aid of any kind. It's a nightmare. NEVER NEVER NEVER DECLARE BANKRUPTCY
Can you divorce so that you can file for Chapter 7 Banruptcy get rid of the debt and then get married again?
It's not necessary to do that. (It's also fraudulent and expensive.) One spouse can file bankruptcy without the other spouse joining in, even if they live in the same house. If the debt is joint, however, the other spouse will wind up being responsible for the debt anyway. This would be true even if the parties divorced and the other person was a cosigner on loans or credit card debts, so the divorce would not change anything. Also, the bankruptcy court is going to look back at least a year to see if there were transfers of assets including real estate between spouses, so you can't hide your assets by transferring them to your spouse in a bogus divorce. If the combined incomes of both spouses exceed the mean income for your state, that would make it necessary for you to make at least a minimum payment toward unsecured debt (though not necessarily all of the debt, depending on the amount of joint income) (Chapter 13). But the additional cost of a Chapter 13 would probably be less than the cost of a divorce and would take less time, too.
What happens to a joint credit card bill with a zero balance at the time of a divorce that one party continues to use and then files for bankruptcy?
A joint account remains the liability of both persons regardless of their marital status. If someone has their liability discharged through bankruptcy, the other account holder would be 100% liable for the balance on the account. If this account was addressed in the divorce decree, the spouse MAY be able to seek relief through the divorce court. But that jurisdiction and any ruling there would have no impact of their credit report.
If your ex files bankruptcy on a joint credit card they were court ordered to pay is there anything you can do to protect your credit?
No. Creditors do not care about divorce settlements concerning joint debts. The person not filing the bankruptcy will be held responsible for repaying any joint debt that was incurred during the marriage. The only protection for the ex-spouse is filing his/her own bankruptcy if they cannot pay the debt.
Can you file a chapter 7 bankruptcy before your divorce is finalized ca?
Yes.
Can you file bankruptcy against a divorce order in North Carolina?
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
Do you need to file a relief from stay for a joint chapter 13 bankruptcy for purpose of a divorce?
Yes.
During an active chapter 13 bankruptcy if the spouse counter sues for divorce do they also need to obtain a relief from stay from the bankruptcy court for the divorce?
If they are seeking relief with respect to property, then yes.
Should I file for a divorce before filing chapter 7?
Every case is different, but if the two of you file a joint petition for bankruptcy before the divorce, you will both avoid problems. Consult a lawyer who knows both divorce and bankruptcy law.
Can child support be included in a bankruptcy?
One a few type of financial obligation that cannot be discharged via bankruptcy is child support. If you have gone through a divorce or some type of divorce or separation settlement and you are required to pay child support or child maintenance by court order, the act of filing bankruptcy will not discharge this responsibility for you to continue paying it. Child support payments are exempt from any type of bankruptcy filing that the consumer might do, whether chapter 7 or chapter 13.
Can you divorce while in bankruptcy?
Yes, you can divorce while in bankruptcy. Bankruptcy has no effect on whether you can divorce or not. While divorce and bankruptcy can occur simultaneously, it can end up delaying the bankruptcy process. Ultimately the proceedings can continue and the parties can divorce without issue. I've written more about this here: http://www.freshstartlaw.com/know-about-bankruptcy/
What if your spouse destroys or eliminates personal property before you are able to retrieve?
Make the damages part of the divorce proceedings and request restitution.Make the damages part of the divorce proceedings and request restitution.Make the damages part of the divorce proceedings and request restitution.Make the damages part of the divorce proceedings and request restitution.
Do you have to get a divorce to file bankruptcy?
No
CAN I get a divorce before my wife files for a bankruptcy?
Divorce and bankruptcy are not related issues. One does not affect the other. If you want a divorce, go ahead and get one.
Can a joint Chapter 7 be filed by a divorced couple if most of their debts are still joint?
Probably not, since the divorce has been finalized. Although some states have bankruptcy laws that do include joint debts in this type of situation. W/O knowing the state of residency more specific information is not possible. You could consult the state bankruptcy laws for information that might pertain to this issue. I am not aware of any State that lets a person file bankruptcy with an ex-spouse since it is the Bankruptcy Code that determines who may file bankruptcy, not the individual States. The Bankruptcy Code states in 11 U.S.C. § 302(a) "Joint Cases" that "A joint case under a chapter of this title is commenced by the filing with the bankruptcy court of a single petition under such chapter by an individual that may be a debtor under such chapter and such individual's spouse... ." Therefore, people who are not spouses (i.e. divorced) cannot file a joint bankruptcy in any State regardless of the joint nature of the debts. Persons who are in the middle of divorce (so that the divorce is not final) may file bankruptcy together so long as the bankruptcy filing date occurs prior to the divorce being final. If the divorce becomes final during the pendency of the case, this is okay so long as the bankruptcy was filed before the divorce was final. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
How soon can you marry after chapter 7 bankruptcy?
Immediately provided you are not married currently or divorce is final if there is a first wife. BK does not relate to marriage in any way.
