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A divorce decree does not supersede any contract. Even if the decree states that the husband is responsible for the repayment of creditors, if he doesn't pay, the creditors will call the wife and her credit report will also suffer the consequences of late or non payment. Separate all joint accounts before filing [for divorce] to make sure you don't get stuck with all/any debt.
Wiki User
∙ 18y ago
Wiki User
∙ 8y agoi believe that Bankruptcy planning should be done before the final divorce decree is obtained. This way your required payment of joint debts may be discharged without violating a court order.
Wiki User
∙ 8y agoThe judge handling the divorce proceedings would rule on what portion of the 13 payments would be the responsibility of each party.
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Does a chapter 7 bankruptcy affect your credit the same as a chapter 13?
Yes.
Do you need to file a relief from stay for a joint chapter 13 bankruptcy for purpose of a divorce?
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.
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.
You have huge debt medium income do not want chapter 13 will divorce let us file chapter 7?
Divorce will not affect filing chapter 7. If the divorce is final, you will have to file separate chapter 7s. If the divorce is not final, or has not happened, you can file a joint chapter 7.
How soon can you file bankruptcy after a voluntary dismissal of a chapter 13?
is it safe to file for voluntary dismissal of chapter 13 bankruptcy
If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?
Yes.
Can you get your car back after a repossession if you file chapter 13 bankruptcy?
In GA Can you get your car back after a repossession if you file chapter 13 bankruptcy
During a chapter 13 bankruptcy can creditors charge unpaid late charges?
Maybe. A chapter 13 is a repayment plan and in some instances will not affect the terms of the lender and borrower contract.
Chapter 13 bankruptcy be dissimisal?
You can get a Chapter 13 bankruptcy dismissal by asking your lawyer to ask the trustee for a dismissal. If you are having trouble making the payments, you can ask for you bankruptcy to be modified.
What happens if you wreck your car after filing for Chapter 13 bankruptcy?
If you wreck your car after filing for Chapter 13 bankruptcy you can file it on your insurance. You can then replace your car based on the bankruptcy order.
If you voluntarily have a chapter 13 bankruptcy dismissed will your creditors be notified of the dismissal?
Yes. If you voluntarily have a chapter 13 bankruptcy dismissed, your creditors will be notified of the dismissal.
