Q: I’m married & live in southern california & was planing to file chapter 13 separate from my husband, but now its a mess!
Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with family.
He said to use a lawyer in new town. But I will have to wait 90 days to file & not have access to my husband’s info anymore! How can I file our information? We have separate bank accounts & nothing is joint. Credit cards are all mine. Our income isn’t a problem, we are under the median.
Should I wait until I move away or hire someone in my current town & not mention that I’m leaving since everything is teleconference anyway?
We do not plan to file for divorce right away.
Advice! Please!!!
*Added: We weren’t going to file Chapter 7 cause he is over wild card exempt with his savings & his expensive truck. Didn’t want it seized. Also had stroke & needs his money for future medical bills.
A:
As usual when attorneys don't adequately communicate, a lot of this doesn't make sense. Perhaps you just didn't understand all of what you were told, but more likely things weren't explained well.
If you are under median income with your husband, why would you file a 13 and especially if you are separated why would you file a 13. Normally it would be a chapter 7.
You don't need your husband's info to file on your own if you are not living together.
Depending on where you will be, find a local experienced bankruptcy attorney and get some understandable advice and start again. You probably could have filed where you lived, but your attorney doesn't sound like he/she wants to really help people with bankruptcy much.
I am in the Sacramento/Roseville area. If you are in this area, give me a call.
1 user found this answer helpful
A: Call for a free consultation to really go over your facts in detail. It sounds like you should be able to file a chapter 7, especially if you and your husband are now separated and his assets are not community property, and even if they are, there are ways to make it work. In California, separate bank accounts don't make the assets separate and you have to go over the specifics with a lawyer to get this done properly. Your soon to be ex husband could benefit from cooperating also so as to not have any of the debt assigned to him in a divorce.
A: I urge you to contact another bankruptcy attorney as soon as possible to discuss more specifics regarding your situation. Some of us on this site offer a half hour no charge consult which might be beneficial for you to get a full general understanding of your options - even before you relocate.
A: You haven't provided any facts that suggest there is a need to file within the next 90 days. Best to get a free consultation to determine your potential eligibility for chapter 7 and the best timing for the filing of your case. Most attorneys offer a free limited telephone consultation.
A: As others have already stated - it might be better to see if a Chp 7 works for you. Don't hold back anything from any attorney you meet with because they need to know exactly what your situation is in order to give you the best advice. Unless you urgently need to file you might do it after your move. A good bankruptcy attorney will help you with any pre-filing decisions that might need to be made.
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