I haven't filed for divorce yet because I'm living paycheck to paycheck (no savings for retainer). My husband dumped our marriage debt on me, and I've tried to keep up with minimum payments. However, there are 3 liens against the home I own (his name in not on the deed) from business loans that my husband took out. Do we have to file together? He will not file. I've thought about selling the house, but would receive no money after the liens are settled.
A good bankruptcy lawyer may, based upon the nature of these liens, be able to strip one or more of them during your bankruptcy. That would create some equity as a result of that action, which is called an Adversary Proceeding. I strongly urge you to hire an attorney who can consider your case with full knowledge of the Courts and the local statutes, to further assist you. AVVO has good resources for that, purpose, and You can search for an attorney using the Avvo "Find a Lawyer" link at the top of this page. Whatever the source, you should contact a few lawyers and hire the one that is the best fit. He or she will have far more information about the situation than anyone on a simple question and answer forum would have. If my answer was “HELPFUL” or “BEST ANSWER, Please let me know by clicking the appropriate button, even if it was not what you wanted to hear. Good luck
This information is provided as general guidance only, not actual legal advice. I have not reviewed your paperwork, and I may not be licensed practice law in your state. The fine points of your question are often found in the laws of your State. So, this response is not intended to be legal advice and you should rely on this information only to give you some idea of what you should do.
The short answer is yes, you can file a petition for relief under the bankruptcy code, which will discharge your obligation to any dischargeable debt. There is no requirement that a husband and wife file a joint bankruptcy.
Almost all debt other than most taxes, most student loans, child support an alimony can be discharged in a bankruptcy. However, a bankruptcy will not eliminate the liens created by mortgages signed by you.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Yes, the Bankruptcy Code does permit a married person to file for bankruptcy protection separately. Doing so, however, may not be a good idea. In fact it may bring very unwelcome consequences, especially in the terms of the divorce. Procedurally, the intersection of bankruptcy and divorce is a minefield of potential self-inflicted and irrevocable injury. Proceed with great caution and only with the assistance of counsel experienced in both bankruptcy and divorce.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
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