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Need divorce decree??

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    Need divorce decree??

    While searching around about documentation I came across a website that listed "divorce decree if divorced in the last 5 years" as an important document to bring to 341 hearing.

    Is it always the case? Do they use that? It says on the website the trustee will want to see what you got in the settlement, if anything.

    I was separated in 2003, divorce finalized in 2005.

    Just wondering if any of you have experience with this issue.

    THANKS in advance!

    #2
    Your Divorce Decree may designate certain debts that you would solely be responsible for after the divorce was final. Those debts may not be dischargeable in BK.

    As far as assets or property from the Divorce,.......... The Trustee can easily look back 1 year. But the BK Court can go back as far as 10 years.

    So, Yes, it's important for you to provide your attny with a copy of the Divorce Decree/Settlement Statement. If you're filing Pro Se, you should probably forward that info to the Trustee's office about a week or so prior to your scheduled 341 Meeting. If you take it with you to your 341, be sure to make copies for your attny, if you have one, and the Trustee, so you can keep the original.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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      #3
      Once again, THANK YOU!

      Seems like this is yet ANOTHER bit of information my lawyer should have discussed with me - I mentioned the divorce to him and the settlement I received (which was a money settlement, the majority of which went to credit card debt WE had accrued but I carried out of the marriage- hey, he had a lawyer, I didn't!) and the lawyer said nothing about it.

      Concerns me because I want to know as far in advance as possible what paperwork I should have ready to go. Until I saw that article, didn't know I would need that!

      Many thanks for the information. Unnerving to think how COMPLETELY lost I would be without the wonderful and informative folks here!

      Comment


        #4
        Sad to say, but it's really not surprising.

        So many folks here have attnys like that. BK Mill attnys file 20, 25, 30, or more BK's per month and they are busy. It's all routine for them. They forget that their clients do this one time and don't know the ins and outs.

        Our attny was VERY thorough. He wanted everything on file in advance of filing. Our paralegal asked for about everything but the kitchen sink.

        Our attny only files 4-5 BK's a month. Not very many at all. I wondered how he made a living, let alone support his share of a partnership, and pay 2 paralegals as well. Our attny's bread and butter practice is Business Finance/Creditor's Rights Law. He just files a few BK's on the side every month as time allows.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

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