I am recently divorced and my ex-wife and we didn't settle correctly and still have debt together. We have around 20,000 in credit cards, 2,000 IRS balance, 37,000 loan, 26,000 morgage, 12,000 car loan and 11,000 on a land contract. Can I file chapter 13 or chapter 7 bankruptcy by myself for my part of the debt. And what would that mean for her since she doesn't want to file.
You will have to see a bankruptcy lawyer to determine if you qualify to file either chapter. If you do file it can be a problem for your ex, depending on what happens with your case. She cannot stop you from filing, but she may be able to object to the discharge of some of the debts you listed . This question involves both domestic court and bankruptcy issues, so you should not try to go this alone without a lawyer. Look on AVVO for a bankruptcy lawyer in your area. Good luck!
You should speak with a local attorney, many offer free consultations. You might not be able to get a discharge on some of your debts. Your ex might also still be responsible for certain debts even if you receive a discharge. Your situation is too complicated to answer here. Good Luck!
I am a Massachusetts licensed Attorney. These answers are for informational purposes only.
The recommendation of my distinguished colleague is correct. Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced KY bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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I would need more detail than is contained here, but any debt you and your ex are both liable may be a problem because your ex may have a right to enforce your duty to pay them even if you take bankruptcy. Whether you can discharge the tax debt also depends on how old it is, when you filed your return, etc. What you can do about the debts secured by the collateral depends on value of the property, what else you own, and other factors.
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