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    question about house me and ex have

    Hello

    I am new here ..have been reading for hours and have learned a lot but still have a couple questions. I am broke, no job, unempoyment ran out, and $97,000 in debt with credit cards..I am going to try and file BK on my own since I can not afford an attorney. I have a vehicle loan and have about $3000 in equity in it and I want to keep it. I have not missed any payments on it and have never been late. I am going to file for Ch 7 soon. I live in Texas and have for past 3 years.This is my question:I have been divorced for over 3 years but have a house still in Arizona with ex that has not sold..housing industry there has bottomed out as everyone probably knows for past 3-4 years. Our divorce decreee states he has to pay for mortgage until it sells, which he has been doing on time with no problems there. Do I claim that house in Arizona on my BK paperwork as a "creditors holding secured debt" and as an "exemption"? I am not financially liable for it but am still half owner technically.There is no equity in the home. We owe 200k and it worth less than that now.
    Another question: When I file my schedules for "personal property" do I list all my personal property even though I am claiming it all "exempt". Or do
    I say I have no personal property and only list it in property claimed as "exempt"?


    I want to get this right so that it doesn't get dismissed. Thanks in advance.

    #2
    Be totally honest. You don’t have to list every button, or count the aspirins in the bottle. You list clothes equal approximately 100 bucks and like that. Use yard sale prices. About your out of state house. Forget it. You can’t afford it. Let it go and stop paying on everything you can. Brother, you are in poor shape, now is the time for a new start. DO NOT hide a thing but DO NOT go into detail and use values as if it were a fire sale. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment


      #3
      how much of a owe do you have on the car? but if you have no income how can you pay for it?
      You will be discharged from the debt on the house in AZ but yes it is an asset
      http://www.texasbankruptcylaw.com/exemptions.html
      this is the link for the texas BK exemptions.
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

      Comment


        #4
        Hub op's ex hub is making the house payments in AZ as per divorce settlement.
        the problem i see if the trustee holding the case open untill it sells
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment


          #5
          I owe 11,500 on car but it is worth about 15,000. I am going to get help from family to pay for it until i get employed again.

          Comment


            #6
            Do I claim the house in Arizona as an exemption then?

            Comment


              #7
              Originally posted by jentex View Post
              Do I claim the house in Arizona as an exemption then?
              do you have any equity in it?
              Chapter 7 07/30/2008
              341 09/17/2008
              Discharge 11/21/2008

              Comment


                #8
                no no equity in house..we owe 200k and is worth less than that now.

                Comment


                  #9
                  Originally posted by jentex View Post
                  no no equity in house..we owe 200k and is worth less than that now.
                  then you don't need to use any exemption
                  Chapter 7 07/30/2008
                  341 09/17/2008
                  Discharge 11/21/2008

                  Comment

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