I'm sure it's happened before.. it may not be so crazy. But here is a brief background so you understand my situation.
I went through a divorce 4 years ago. In the divorce my ex husband got the house that we bought together. In the decree he was fully responsible for the house (I know this means nothing to the banks if he defaults) Long story short, he ended up defaulting and the house went into foreclosure. I couldn't afford to take it on. We tried to short sale it, that didn't work, so it ended up going into full foreclosure. We had the foreclosure hearing 2 years ago. It was then sold in a sheriffs auction and then flipped and resold. We thought it was over.
Here we are 2 years past the foreclosure and 4 years past the divorce. I recently remarried last year and we are very happy. We are not rich and don't have a ton of excess but we pay all of our bills, are not behind... and have been able to put a little in savings every month. Well 1 week ago, I was outside mowing our yard and noticed something on the door! It was a court order for me.. it really didn't explain much. I called the court the next day to find out.. and come to find out it's a garnnishment hearing, supposedly the bank decided to come after us for the difference between what we owed on the house and what they sold it for.. which was $24,000. I contacted my ex and he confirmed it. Yes, I could fight it, force my ex to pay me back once they garnish it and what not.. file contempt. But he basically told me, he was going to the hearing, but he doesn't have it so he's planning on filing bankruptcy, making it all fall back on me. So in doing that forcing me to file bankruptcy too. So, I feel the contempt is a waste of time. It's gonna fall back on me in the long run.. and getting him to pay back what I get garnished in the mean time.. that's probably near impossible. My new husband and I live fine, but we definitely can't afford this new $24,000 or to have $300 or more per month garnished from my checks. Also my credit was already destroyed by the foreclosure, so if I'm going to do it, this is the time. This was totally unexpected, though. I had no plans of ever filing bankruptcy before this $24,000 debt showed up on my doorstep. We were not crippled before, but if we have to pay $300 a month or more for several years that would cripple us...
So I have contacted a bankruptcy attorney that was highly recommended to me, I've known several people who have used him. I talked to him briefly on the phone and have an appt tomorrow to discuss filing. He told me what to bring and the amount. Luckily my husband and I have nothing joint together.. so I am going to file without him. After talking to others and the attorney, my husband opened a new bank account just in his name and is having his check starting to be direct deposited as of the next paycheck. I haven't done anything suspicious since making this decision. We used the old account to pay all of our bills.. I did pay off 2 student loans.. one had a balance of $103 and the other had a balance of $188 on it. I hope this is ok. But I brought it down to the less than $300 that my attorney said had to be in it in order for the trustee not to take it.
We are under the median for Indiana for a family of 3. So we are good there, I'm fine with everything I have to bring. But one of the things he asked us to bring is 3 months of bank statements. So, looking over them... and after reading tons of stuff online. I was reading about preferential creditors. Well, after tax time, we had some money in our account. Then had to write a check over to my MIL for $2000 to pay her back for her helping us with the deposit on the house we bought last October (the house is only in my husbands name) Of course at this time, we had no idea and no intention that in April I'd get stuck with this $24,000 debt and end up filing bankruptcy. Now I'm seeing they could sue her for that money to help pay the debt? I'm not sure how likely this is?
Then also we had several transactions in October on our bank account dealing with the house... once again my husbands deal.. but our bank account. We didn't write any other large personal checks other than the one to his mom in Februrary for $2000, though.
I don't have many debts.. I will have to list one student loan (appx $650), which can't be discharged, my car (appx $5500), a dentist bill of appx. $600, in which I plan to reaffirm on... because we have been paying them fine.. not behind or anything. Then I have the $24,000 debt that got thrown on me a week ago. That's the only thing that we plan to discharge. And that $2000 we paid her back, isn't anywhere close to paying the $24,000. And at the time we paid her back the $2000, we weren't behind on anything and were paying our bills all just fine. Not to mention it was for my husbands debt, not mine. But regardless we didn't have anything in default...especially in my name. I don't even have that much debt..outside of the $24,000
Another issue with the bank accounts.. as I said we were fine and putting a little in savings each month. We saved for over a year and were able to go on a little vacation in March.. I hope this won't cause issues. It was about $1200
Then last, we emptied and closed our savings the other day to have the money to pay the attorney fees/court costs. In the past 3 bank statements it shows balances in our savings.. but now it's at zero and closed.. and this was to pay our attorney. My husband did use what little bit was left to open the new bank account... just because we needed a minimum to open the account.
Also, what is the liklihood they will take our tax check next year in this situation? And since we file joint and i'm the only one filing bankruptcy? My husband makes about $18k more than I do a year.
As I said, this was all so unexepcted.. a month ago I would have told you, we are doing great.. and bankruptcy wasn't even a thought in my mind...
Sorry, this is so long! Thanks for reading and for any answers/advice!!
I went through a divorce 4 years ago. In the divorce my ex husband got the house that we bought together. In the decree he was fully responsible for the house (I know this means nothing to the banks if he defaults) Long story short, he ended up defaulting and the house went into foreclosure. I couldn't afford to take it on. We tried to short sale it, that didn't work, so it ended up going into full foreclosure. We had the foreclosure hearing 2 years ago. It was then sold in a sheriffs auction and then flipped and resold. We thought it was over.
Here we are 2 years past the foreclosure and 4 years past the divorce. I recently remarried last year and we are very happy. We are not rich and don't have a ton of excess but we pay all of our bills, are not behind... and have been able to put a little in savings every month. Well 1 week ago, I was outside mowing our yard and noticed something on the door! It was a court order for me.. it really didn't explain much. I called the court the next day to find out.. and come to find out it's a garnnishment hearing, supposedly the bank decided to come after us for the difference between what we owed on the house and what they sold it for.. which was $24,000. I contacted my ex and he confirmed it. Yes, I could fight it, force my ex to pay me back once they garnish it and what not.. file contempt. But he basically told me, he was going to the hearing, but he doesn't have it so he's planning on filing bankruptcy, making it all fall back on me. So in doing that forcing me to file bankruptcy too. So, I feel the contempt is a waste of time. It's gonna fall back on me in the long run.. and getting him to pay back what I get garnished in the mean time.. that's probably near impossible. My new husband and I live fine, but we definitely can't afford this new $24,000 or to have $300 or more per month garnished from my checks. Also my credit was already destroyed by the foreclosure, so if I'm going to do it, this is the time. This was totally unexpected, though. I had no plans of ever filing bankruptcy before this $24,000 debt showed up on my doorstep. We were not crippled before, but if we have to pay $300 a month or more for several years that would cripple us...
So I have contacted a bankruptcy attorney that was highly recommended to me, I've known several people who have used him. I talked to him briefly on the phone and have an appt tomorrow to discuss filing. He told me what to bring and the amount. Luckily my husband and I have nothing joint together.. so I am going to file without him. After talking to others and the attorney, my husband opened a new bank account just in his name and is having his check starting to be direct deposited as of the next paycheck. I haven't done anything suspicious since making this decision. We used the old account to pay all of our bills.. I did pay off 2 student loans.. one had a balance of $103 and the other had a balance of $188 on it. I hope this is ok. But I brought it down to the less than $300 that my attorney said had to be in it in order for the trustee not to take it.
We are under the median for Indiana for a family of 3. So we are good there, I'm fine with everything I have to bring. But one of the things he asked us to bring is 3 months of bank statements. So, looking over them... and after reading tons of stuff online. I was reading about preferential creditors. Well, after tax time, we had some money in our account. Then had to write a check over to my MIL for $2000 to pay her back for her helping us with the deposit on the house we bought last October (the house is only in my husbands name) Of course at this time, we had no idea and no intention that in April I'd get stuck with this $24,000 debt and end up filing bankruptcy. Now I'm seeing they could sue her for that money to help pay the debt? I'm not sure how likely this is?
Then also we had several transactions in October on our bank account dealing with the house... once again my husbands deal.. but our bank account. We didn't write any other large personal checks other than the one to his mom in Februrary for $2000, though.
I don't have many debts.. I will have to list one student loan (appx $650), which can't be discharged, my car (appx $5500), a dentist bill of appx. $600, in which I plan to reaffirm on... because we have been paying them fine.. not behind or anything. Then I have the $24,000 debt that got thrown on me a week ago. That's the only thing that we plan to discharge. And that $2000 we paid her back, isn't anywhere close to paying the $24,000. And at the time we paid her back the $2000, we weren't behind on anything and were paying our bills all just fine. Not to mention it was for my husbands debt, not mine. But regardless we didn't have anything in default...especially in my name. I don't even have that much debt..outside of the $24,000
Another issue with the bank accounts.. as I said we were fine and putting a little in savings each month. We saved for over a year and were able to go on a little vacation in March.. I hope this won't cause issues. It was about $1200
Then last, we emptied and closed our savings the other day to have the money to pay the attorney fees/court costs. In the past 3 bank statements it shows balances in our savings.. but now it's at zero and closed.. and this was to pay our attorney. My husband did use what little bit was left to open the new bank account... just because we needed a minimum to open the account.
Also, what is the liklihood they will take our tax check next year in this situation? And since we file joint and i'm the only one filing bankruptcy? My husband makes about $18k more than I do a year.
As I said, this was all so unexepcted.. a month ago I would have told you, we are doing great.. and bankruptcy wasn't even a thought in my mind...
Sorry, this is so long! Thanks for reading and for any answers/advice!!
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