I has been a month now and my spouse just up and left me. WE have accrued joint debt from a home and vehicle. I have been putting money in the bank for my half just as the same as when we were together. Spouse has refused to return home, took our $900 papered dog and was the main one to handle finances and refuses to give me access to accounts and passwords or even the bank account. I am living in the home and drive the vehicle in question. I have considered filing for a CH. 7 or 13 since the spouse won't even acknowledge me. Any help would ne appreciated. Never been through any of this before.
You will see all answers will indicate it is impossible to answer your question w/o going through many facts over almost an hour most likely. And also even if a chapter is recommended, when to file is a separate issue.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts and the effect of being now separated. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Your attorney can advise you on also the effect of NOT knowing debts as which chapter you file affects the answer to that question too!
Many great attorneys can be found right here on in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Mr. Granvold gave you some excellent advice. Read his answer. I can only add some of the factors that need to be considered before making the decision to file for relief under the bankruptcy code:
There are so many issues to consider when filing a bankruptcy, you really should contact an attorney to review all of those issues prior to filing. Some of those are:
1) total amount of unsecured debt such as credit card debt, medical bills, personal loans, old utility bills, etc.;
2) total amount of secured debt such as auto loans, house mortgages and loans that have other items as collateral;
3) your projected income and expenses and you means test income and expenses, which considers your average income over the past 6 months;
4) what assets do you own that are exempt and what assets that you own that are not exempt;
5) is your income subject to being garnished by a judgment creditor if you decide not to file; and
6) your current credit score, which if it is already extremely low now, your score could be helped by filing.
More facts are needed to give you useful advice. My best advice is to click the tab "Find a Lawyer". Set up some telephone/in person meetings with 2 or 3. Many offer a free case analysis to help you get pointed in the right direction. BK is not a DIY project.
That is not the basis upon which you would file for a chapter 7 or chapter 13 BK. If you have assets that could be liquidated to pay for debts, that is what you must do. Also a BK filing will prolong a divorce matter.
andra A Kuhn Esq.Chapter 7 Bankruptcy AttorneyConcord, NH ·
You really should have a sit down appointment with experienced bankruptcy counsel in your area to review all of your income, expenses, debts and assets to determine whether it is the best thing for you.
My suspicion is that you need a divorce attorney before you need a bankruptcy attorney. The divorce attorney should e able to help you determine what rights you have to the bank accounts and figure out the community property and the community debts. Based on that analysis, you may or may not need bankruptcy.
agree with attorney Benton. You should talk to a family law attorney before you take any other steps, because you need the information you say your spouse is withholding from you before you even coniser filing a bankruptcy.
