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    divorce and bankruptcy

    Right now the only way I can pass the means test is to use my mortgage as an expense. If she gives me the house in BK - she has no income - and there is a court order for child support, will the judge have a problem with me keeping the house?

    Keep in mind this is a 4 bedroom 2100 sq ft house. Nothing extravagant for a family but probably kind of extravagant for one guy.

    I have no intention of reaffirming but my lawyer said we would mark reaffirm and just never sign the paperwork.

    this is in western Washington.

    #2
    also, I've been calling my attorney but she hasn't returned my call yet - started calling on thursday. :\

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      #3
      Hey neighbor.

      This sounds like a timing issue. Which is first, the 341 or the divorce hearing?
      No Asset 7 closed 11/09

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        #4
        neither is filed yet, we were going to file ch7 on august 3rd for timing issues...

        recently found out I need to file for divorce too. What are your thoughts? file BK first and then divorce?

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          #5
          Originally posted by lolasaurus View Post
          .. file BK first and then divorce?
          Certainly.

          Sounds like you want to keep the house expense your 'responsibility' for the filing. You might have to put up a facade of intent to keep the house

          After discharge, do what you like.
          No Asset 7 closed 11/09

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            #6
            Take your attorney's advice
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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              #7
              Originally posted by OhioFiler View Post
              Take your attorney's advice
              if/when she calls me... haha

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                #8
                Why do you feel you need to file for divorce?
                May 31st, 2007: Petition Filed by my lawyer
                July 2nd, 2007: 341 Meeting Held
                September 4th, 2007: Discharged and Closed.

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                  #9
                  Originally posted by JRScott View Post
                  Why do you feel you need to file for divorce?
                  because I'm not going to stay married to a woman who feels the need to sleep with other men and women, mostly

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                    #10
                    Okay that's fair enough.

                    I have another question, why would you not sue for custody of the children in that case?
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

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                      #11
                      Originally posted by lolasaurus View Post
                      because I'm not going to stay married to a woman who feels the need to sleep with other men and women, mostly
                      I am sorry for those hard times but I would divorce that as well May you find peace through your divorce and bankruptcy.

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                        #12
                        Originally posted by JRScott View Post
                        Okay that's fair enough.

                        I have another question, why would you not sue for custody of the children in that case?
                        Because I lack a vagina and thus don't want to waste years of my life, tens of thousands of dollars on a custody battle that I can't win as a man, and end up with less than when I started and a little girl who hates me for making her the center of a custody battle when I can just treat her as best as possible when I'm with her and hopefully someday she'll choose to live with me.

                        Ladies, you'll pardon my slight frustration with the system, but I've supported the mother to be a stay at home mom now for almost 2 years and the free consult attorneys I've talked to all say that means I've got little chance of taking full custody of my little girl since I've done the least parenting.

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                          #13
                          Also, since Washington is a no fault state, any misdeeds by any parties have no bearing on a custody battle as long as they did not place the child in peril.

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                            #14
                            Originally posted by lolasaurus View Post
                            Because I lack a vagina and thus don't want to waste years of my life, tens of thousands of dollars on a custody battle that I can't win as a man, and end up with less than when I started and a little girl who hates me for making her the center of a custody battle when I can just treat her as best as possible when I'm with her and hopefully someday she'll choose to live with me.

                            Ladies, you'll pardon my slight frustration with the system, but I've supported the mother to be a stay at home mom now for almost 2 years and the free consult attorneys I've talked to all say that means I've got little chance of taking full custody of my little girl since I've done the least parenting.
                            O My How Sad! I hope you will try to get as many visitations as possible with your little girl. Will keep you and your little girl in my daily prayers.

                            Yes, I hope when she becomes of age, she will chose to live the rest of her young life with you, until she is old enough to be out on her own.

                            Luci

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