Q: Do I file bankruptcy?
Im in the middle of a divorce, both names on the house and car. Ex got the car, and I got the house. He let the car get repossessed and I was not notified that it was until the day of by the ex. Now bank is trying to sue us both. Also I cant afford the house, its one whole paycheck of mine and Ive tried to get help but ex will not work with me to lower payment by submitting financial info to the bank. Bank isn't helping much either, now that Im stuck with it. And cannot refinance since my credit score is now low. So now the bank is going to come after me very soon. Im thinking about bankruptcy but unsure of what to do at this point. Credit is already ruined, and I'm not sure what to do... Help!!
A: If you have an attorney for your divorce, discuss this with her/him. When a bankruptcy action is filed, it places an automatic stay on all state court actions. That means that the PA court cannot proceed in your divorce action until either the bankruptcy has been completed or dismissed, or the bankruptcy court lifts it's stay at the request of the bankrupt (you.) You should also speak with a bankruptcy attorney about filing but be sure you discuss the impact on your divorce. Sometimes I'm told by clients that the bankruptcy attorney told then the bankruptcy wouldn't affect the divorce but that's not true.
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