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Post bankruptcy blues.....

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  • Post bankruptcy blues.....

    Not sure if this should be posted here but here goes. I, along with my soon to be ex-wife, were granted a joint Chap 7. We were separated in the middle of this. In Louisiana, which is a community property and no-fault divorce state, there is a 180 period from the time one party, in this case, her, left the primary residence until a divorce can automatically filed and granted. At least that is how I understand it. The 180 days is up in a few weeks. I have already contacted an attorney for the divorce part of it.

    The question I have is all of the community property. When she left almost 180 days ago, she pulled a U-Haul truck up and along with friends and relatives, hauled everything they could fit in this truck including things that belonged to me before we got married.

    The other thing complicating all of this is that she is on the mortgage on a house that no longer has any equity. She apparently doesn't want the house but there is still the legal thing with her name on the deed. She also took the car which did have about $8000 equity and a final payoff this May. That's if she has been keeping up on the payments.

    Is it possible to sort all of this out between us or is this too complicated where an attorney acting on my behalf is necessary?

    Thanks,
    Hong Kong, LA.

  • #2
    if it were me, i would most definately seek the advise of any atty. only because there appears too much to be sorted out here. with her name on the mortgage did you surrender the house in the bk or are you paying and staying?
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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    • #3
      Since she took it upon herself to help herself to all of your belongings and the car I think it would be a wise decision to have an attorney. I would fight to get your things back or at least the value of them. Is the house that has her name on it yours too? If it has no equity in it just give it to her. Then let her figure out what to do with it. LOL.
      Filed 11/17/11 Chapter 13, 341 meeting 12/21/11. Plan confirmed 1/19/12 - DISCHARGED 12/16/15

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      • #4
        Were you given a discharge on your Chapter 7? If so did you reaffirm your car or home loans? Bottom line is that if you filed a joint Chapter 7 and didn't reaffirm the house, you should be able to walk away if you want. As for the car, you may want to go after that if there's really equity there, again depending on what you did in the bankruptcy. My sister did a basic fairly amicable, do-it-yourself divorce and I think she's regretting it, so I'd advise seeing an attorney on that in any case.
        Case Closed > 2/08/2010

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        • #5
          I talked to my divorce attorney today. He is saying the same thing. We are proceeding with the filing for the divorce next week then we will come back and try to sort out the community property.

          Thanks for the great input.

          RDM

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