divorced, was served foreclosure papers today

[2005tahoe]

Wow, what a year it has been!!!

After filing a BK in 2012 and my now exwife refused to sign the chapter 13 papers put me here. Jan. 2012 we filed BK to avoid a credit card lawsuit. We filed CH7 and it was converted to a CH13. All we had to do was sign the cH13 paper and pay $100 a month for 60 months to pay off $60K worth of debt, except, my wife refused to sign them and left me to later file for divorce.

So, here I am a year later. My final divorce date is next week after waiting the 365 days separation law. I was advised by my divorce attorney to stop paying the mortgage, so I did in Feb. I have already retained an apartment and planning on moving in 2 weeks. I have reconsidered filing BK to avoid this lawsuit that I got served today. My credit already has BK on it but it shows up dismissed. The guy that served me the papers told me that he had the same thing for her. I told him that I have not seen her in a year and gladly gave him the address to her mothers house, where the divorce documents say that she lives. So, next week I guess I will call a BK attorney. Most of them wont touch it until the divorce is final. I want the one that I first filed with to do it again.

Most importantly, my dad passed away 4 days before thanksgiving. So, I have had a hell of a year and now im once scared again by these foreclosure papers.

I cant be the only person in South Carolina to go through this, but I am ready for positive things to start happening.

Any advice from the experienced friends on the board?

Thanks in advance!!

[keepmine]

First thing is, don't panic.
I don't believe wages can be garnished in SC except for something like child support or student loans. I'd also get a working knowledge of foreclosure timelines in your state. Just because they've started the procees does not means things happen overnight. f possible, I'd stay in that house rentfree until the lender blasted me out!
Point is, time your filing for when, it gives you the maximum benefit.

[LadyInTheRed]

I second what keepmine said. Stay in the home for free for as long as you can. It could be months or years before they actually complete the foreclosure.

My condolences on the loss of your father. If you are inheriting any assets from your father's estate or a trust he created, are the beneficiary of a life insurance policy or employment benefit plan or will receive anything else as a result of his death, those assets will be considered your assets for BK purposes even if you have not yet received them.

[2005tahoe]

I have a realtor that is my neighbor. She has offered to short sale the house for me but I really dread going to this forclosure hearing. I dont know what my best interest is, to file BK or go through with the short sale. The BK will be easier for me, considering that its on my credit anyways.

[BKAttyMI]

A few questions that you definitely need to discuss with a SC attorney:

Why on earth would you go through the hassle of a short sale when you can just surrender the house in a bankruptcy? Also, why move out if you can just stay and wait out any redemption period SC offers?

Make sure your divorce attorney has handled your marital debt situation correctly so that you can "get out" of the debt by filing for bankruptcy. You don't want your divorce decree/judgment to hold you liable for any of the debt.