Columbus Bankruptcy Attorney.
In addition to possible stay relief, as mentioned above, there is also a provision of the bankruptcy code (Section 109(g)) which allows for the dismissal of a case with a 180 day bar to refiling if it appears that the debtor has no interest in actually seeing the Chapter 13 process through to completion. This provision requires some party to raise it. In many cases, the Chapter 13 trustee will seek such a bar to re-filing but it may take several cases before that happens. Each Trustee is...
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The Ohio exemption statute allows a debtor to exempt one item or parcel of real or personal property used as a residence up to a value of $21,625. So, you could claim that amount as exempt. Your ability to retain the land and mobile home would also depend upon what Chapter you file and whether there are valid liens/Mortgages. A Chapter 7 Trustee only wants to sell assets that can generate funds to pay unsecured creditors. If the value of the land/home is less than the balance on the...
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Marital debt is not really the issue as that is not really a term that is used outside of divorce court. The answer depends upon how the business is set up. Is it a sole proprietorship, a corporation, LLC, partnership, etc? If your wife has set up the business as a separate entity, in most cases, only the business is liable for business debts. Your wife or you would be personally resonsible for any debts that you personally guaranteed. This would involve the execution of a guarantee...
Read all of the papers again. In almost every case, a home equity line of credit is secured by a second mortgage from the start.
There is a bankruptcy rule--Rule 2004, which allows you or your attorney to file a motion and obtain a court order requiring the turnover of whatever documents you list. You would not have to deal directly with your ex-husband. It could be ab attorney to attorney exchange. But, you would really need your own attorney to assist you.
The phrase "primarily" not defined in the Bankruptcy Code, but most courts seem to give it a common definition--more than half. In addition, most courts would hold that that means more than half in amount of debt, not number of creditors. The means test form, 22B. must still be filed, but you would simply check the appropriate box and you would not have to complete the balance of the form.