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    Long Nasty Situation

    Ok im going to start off by saying hi to everyone, im new to this forum after a few months of reading everyone else's situations i feel comfortable enough to post my nasty situation.


    The last 3 years of my life have basically consisted of this. My 1st wife and me divorce after 4 years together. It was very amicable divorce believe it or not and we couldnt get along better now as friends and parents to our now 4 year old daughter and pay her 214 a month in child support and take care of insurance. My 2nd wife which is now divorcing me after only 4 months of marriage and 2 years together is a completely other story. To back it up a little for everyone to understand, this second wife (rookie mistake #1) is what you call a rebound person. Even though i wasnt in love with my ex anymore if anyone is anyone, most people hate being alone and i always was scared of it which leads to wife #2. Me and my second wife basically is what you think to be a simple situation has led to some serious anymosity and definately not amicable at all. This second wife turns out to be the most manipulative sneeky person ive ever met. During our relationship prior to marriage i'll admit, i was blinded, she had me on a string. She had me jumping from job to job either becuase she didnt like it, didnt make much money, wasnt spending enough time with her you name it. I did put up a fight of course but in the end usually she got her way. During our relationship prior to marriage, we lived in a total of 4 apartments, she loved moving around and i hated it. Also during this time we kept all our financials seperate but she was always hounding me about paying my old charged off debts off. In a nutshell my credit report includes about a dozen or so charged off accounts with a mixture of credit cards and finance company loans totally about 10,000 dollars. Background on my ex, she has OCD over germs, has anxiety about her appearance and hot and cold at best to describe her, but i loved her and blinded me from what people outside looking in saw. Also during the relationship she kept pressuring me to join the air force, that it would be great for me, i could make allot of money, we could move away and be happily ever after. She had me naive to a point but im very analytical and am very grounded when im not blinded that is as far as how i think. I almost enlisted and backed off at the end. If she wasnt pressuring me to join the air force, she was pressuring me to get her pregnant (she said she would die for a child) or was pressuring me to pay my old old bills it was always something. I was working for the City Water Dept for a year before i got fired. She got irate and insisted i find a job immediately becuase i basicaly paid half the bills she paid the other half, she worked at red lobster as a waitress the entire time and at all of these apartments she was only on the lease so she had all the power and i hated that. So i immediately got a crap job working as a clerk at gas station paying 8 bucks an hour. After a month there she got pissed becuase she said she was embarrassed of my job. So she convinced me to go to work for my parents (who had wanted me to work with them and i did work with them back when i was in high school for 3 years before, and by the way they own a few local businesses and a 19 year old newspaper that they started from the ground up), so i did, i went to work with my parents making about 1100 a month which wasnt too bad. Well she kept pressuring me to marry her, so after about year of pressure last year April of 2005 i asked her to marry me and we set the wedding date for June 28th 2005 becuase my final hearing for divorce of 1st ex wife was May 10th 2005 and yes it took over a year to get there becuase we had a child and there was allot to go over and ontop of that we set the wedding date for that date becuase at that time i had thought and was actually told by district clerk that i couldnt get married until 30 days from final court hearing. Court hearing came and went nicely and we were married June 28th 2005. We were to get married in vegas but in early July we had a huge argument becuase i didnt make enough money and that she demanded i enlist in the air force and when i didnt she said she wanted a divorce and kicked me out of the apartment. Well my family wasnt too happy anyways with her becuase she was very unstable mentally, but again the love thing yes I KNOW its ridiculous but we make mistakes. So i move out and with no where to go my family let me stay in the guest room. Feeling like i couldnt stoop any lower, living back at my parents house and a week after moving in recieving divorce papers i actually did everything possible to keep my head high. After about a month of having no contact with my 2nd ex i took some time and finally had some ME time to realize what i was gonig through, took make my goals, and to start working on them. I had the tools (living at parents house, job, and no bills so i could save up money to get back on my feet) i started my journey. Late July, im online and chatting with a friend on yahoo instant messenger and out of the blue my 2nd ex messages me that she misses me that she made a big mistake and wants me back. Very reluctant (yes i missed her like hell too i dunno why NOW but i did) i didnt take her back right away and thought about it. After thinking and contemplating i came up with an idea. I told her the only way i would take her back is if she wanted to be with me bad enough that she could move in with me in my parents house, that i was NOT going back to that apartment and that even after all that i would have to see her change. Her parents said if she got back with me they were taking her out of their will and disowning her. But she did, she moved in to my parents house with me, first weeks of August she filed a NON-SUIT on the divorce. I told her lets save up money together, start out right and do this right. I understand every marriage isnt perfect and not everyone person is perfect as neither am i but we could get through this if we really loved each other. So early august our journey began but immediately didnt go the way i had planned. The car that she had prior to us getting married was a 2004 Honda Civic that she was upside down on from a previous trade in, she said she wanted a SUV so now married she traded in her seperate property for a 2002 Nissan Xterra. Later she decided suddenly that she didnt wanna work hardly any, i swear she was working MAYBE 1 day a week, giving away all her shifts and i ended up paying on her credit cards she had 3 of them that i knew of, i ended up paying insurance, car payment, everything and she started spending, like no tommorrow on the bank of america card that had a 10k limit on it. Six flags trips, going out to eat all the time, wal-mart like 20 times a day it just never ended. I finally told her this wasnt part of the deal, the money i had saved up from the first month after our breakup was going towards MY goals, to get a car, to get my apartment, and to get myself back in school (20 hours left to graduate). I told her im not leaving my parents until i accomplish this. Well she didnt get along very well with my sister and after 3 months she demanded we get our own apartment. I didnt have anything that i had planned accomplished and said the only way i'll do that is if she atleast helps me get my own car becuase even my parents let me use one of their vehicles while i saved up. So in late October we go to Beneficial Finance and she takes out a signature loan solely in her name for 5,000 dollars. She puts it in HER account which i have NO access to, remember their NO joint stuff, NO join bank accounts we had our own stuff hell we were only married even at that time only a few months. Before we bought the car i demanded my name be the only one on the title and she agreed. I found a perfect car, 94 Altima, great gas milegae and reliable, she took out 2700 for the car only a week later when it was time to get the title in my name she demanded that it have both of our names and i folded and agreed (didnt have I or OR, just my name ontop hers on bottom) and a week later after that i used all my savings to get us an apartment in BOTH our names, i refused to have an apartment in just her name so she could kick me out later when it didnt work out. Well first week of November we move in, she goes all out on the apartment furnishing it with odds and ends and she keeps racking up on the bank of america card and i keep warning her that if she keeps on NOT working and CHARGING up its gonna bite us in the ass. She ignored me, well December comes around and news of her grandmother came in, she passed away. Her mother inherited the newly built house that her grandmother had built May 2005 and said that she wanted to sell the house to my ex solely. I told my ex we just moved into the apartment, lets finish our lease it will give us to time to clean out the house and get settled in. She refused she wanted to move in RIGHT AWAY and sublet the apartment o a friend of hers. I said that was a bad idea but went along with it, so we move AGAIN! took 2 weeks and a hurt back but i was ok. December 7th after completely moving in i told her, that what was comming is finally here, i said i can now no longer pay the bills, with your work habits and your spending, and with all YOUR credit cards now maxed out if you dont make atleast X amout of dollars this weekend we wont be able to pay the stuff on time. Well she finally go the hint but only it was too late, we got a call early the next morning that her job caught on fire partially and since she's a waitress that she doesnt get any kind of pay until they open back up. I completely flipped! i said we are stuck now i said, car payment, insurance and everything is due. She completely pissed on me and was like "I cant believe your not sorry for me, im the one out of a job atleast you have one" i couldnt believe she had said that, after calming down, i told my mother the situation and she loaned me 1500 dollars to get us through the month until she gets a job. Well i took that money and paid all the bills which basically were techincally all her bills that were in her name, car payment, insurance, credit cards, light, cable, telephone, cell phone. Well 3 days later she says she wants a divorce becuase she doesnt wanna be with me anymore. I finally figured out my being naive finally got me in the but. I took back over the apartment and she filed for divorce January 20th, 18 days after i moved out. I finally said the hell with this and got on my A game back to where i need to be, i completely cut communication with her, changed my number and vowed never to get into this again. Her family and her are now out to get me to pay half of what she did on her credit. which is about roughly 7,000 dollars, which is ALLOT to me and i didnt even benefit nor when i moved out take anything but my seperate property. Nothing that was aquired with the credit cards i took, it all furnished her now house. I had a feeling all of this was planned but it was too late for what if's i was now focused on me, i had my apartment, i told her i wouldnt sign her off the lease until her friend moved herself completely out, she did, and i signed her off and kept the apartment. Luckily i have my apartment, my job, im in school and my car. I recieved divorce papers 1st of february, i decided to use same lawyer that i had used before and after he did some digging he found out that me and my 2nd ex's marriage is void since i was mistaken on when i could get married. Turns out that its 30 days from when final decree of divorce is signed not 30 days after the final hearing and turns out my 1st ex didnt sign final divorce papers till Jan 6, 2006 (why i have no idea) so at the temporary orders hearing she said that all she wanted from me was to temporary until final hearing is to pay her credit card bill which is 155 a month and pay her for the car. Well under pressure i agreed to pay HALF of the credit card bill which is 75 + 155 towards the car which she wanted 3,000 for the car (including taxes and stickers) on April 1st, pay 75 +155 toward car on May 1st and 2690.00 for remainder of the car and she would have to sign the title over to me only when i satisfy this.



    My question now that you have fully read what im going through is this, i just paid the 230.00 on April 1st as you can see this person is caniving, and i cant believe i let her do this to me, becuase i have to repay the money back to my parents, and ive gotten myself back together and have had no contact with her. She said she's gonna take me to the cleaners and make me pay all this money to her and that if i dont she's gonna have me put in jail, well not scared, i decided to consult a bankruptcy lawyer and after a nice 1 hour chat with the paralegal to this well known attorney she basically gave me a plan on what i should do. My question is this, as you can see this person is out to screw the honest person (which is me) out of some serious money, i'd like to basically see if there is any way that i could keep the car without having to pay her if i file for bankruptcy as to which im going to do if she wins anything for the credit card anyways but if i can hit her where it hurts and get out of paying her for the car and the credit cards if she wins any there either, would this be possible? By the way i make exactly 930 a month and my soon to be attorney after talking and explaing my situation said i would perfect for Chapter 7.



    I know this is a bit long but its not a very good situation either and I would appreciate anyones response to this please.
    Last edited by Natural9; 04-08-2006, 07:16 PM.

    #2
    I gotta ask the obvious question.

    Were you at any point in time an Authorized User on her CC acct??

    Even though you were married, you may not necessarily be responsible for her debt. The CC was issued to her based on her credit and her income prior to you "marriage". If she'd been issued the CC after you'd been married a while, with no job, the CC company could say they were counting on household income to pay the payments. But that's not the case in your situation.

    If you weren't an authorized user, you couldn't have charged things. If you can't charge things then obviously she's the one that incurred the debt.

    While she can say she made purchases for the communal household, you 2 were barely together any amount of time. Most of the time you were together, your financial affairs were totally seperate. And, as you said, she kept all the stuff she purchased on credit. You just left your personal belongings.

    You took her off the lease. The only issue that remains is the title to the car, which you said you've made arrangements already to purchase.

    If this is all true, I don't see why you'd need to file BK. Seems to me that her debt is just that. Her debt. Especially since you weren't even legally married.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Owe i forgot to mention the important thing, i did charge something on her credit card, when she kept pressuring me to take care of my bills she suggested i pay all my old bills off with her credit card, no i wasnt an authorized user and the total amount of my bills put on her credit card was 7000 dollars, and you didnt answer the obvious, is there a way with bankruptcy to keep the car without paying her for it?

      Comment


        #4
        no offense, but could you summarize you most three important questions in 100 words or less?

        Comment


          #5
          Originally posted by Natural9
          Owe i forgot to mention the important thing, i did charge something on her credit card, when she kept pressuring me to take care of my bills she suggested i pay all my old bills off with her credit card, no i wasnt an authorized user and the total amount of my bills put on her credit card was 7000 dollars, and you didnt answer the obvious, is there a way with bankruptcy to keep the car without paying her for it?
          Did you sign her name or your name for the charges?? Convenience/balance transfer checks or did you use the actual CC.

          If the charges went thru OK and she did not dispute them within the specified time period, she's still responsible for your $7K. She only has a certain period of time after she receives the first bill showing the charges to dispute them. At that time, she coulda said you stole her card and used it to pay those bills. If she didn't and the time limit has expired, then she's stuck.

          My Mom went to visit my sister out in California years ago. I gave Mom one of my CC's to use if she needed it. Mom and Sis took off on a road trip thru Napa Valley, went to Yosemite, down Lombardie Street. I can't remember where all they went. They used my CC the whole way and just signed my name. Never once got questioned. When the bills came in and we got it all tallied up, Mom settled up with me to pay the amounts she owed. If I had disputed those charges in CA, it woulda been a different story. I'd have had no problem proving my case. I was at work, on the job, every day those charges were being made.

          I'd say, in the eyes of the Court and the CC company, her debt is her debt if the time to dispute has come and gone.

          And paying her for the car looks like a bargain to me. You got $7K of your debt paid and you owe her less than $3K. You come out $4K ahead in that deal.

          If other than the car, you are basically debt free at this point, then,............. Pay her for the car and leave her to clean up her own mess. You can smile and whistle as you walk away knowing her house of cards will come tumbling down soon enough.
          Filed Ch 7 - 09/06
          Discharged - 12/2006
          Officially Declared No Asset - 03/2007
          Closed - 04/2007

          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

          Comment


            #6
            Originally posted by Natural9
            Owe i forgot to mention the important thing, i did charge something on her credit card, when she kept pressuring me to take care of my bills she suggested i pay all my old bills off with her credit card, no i wasnt an authorized user and the total amount of my bills put on her credit card was 7000 dollars, and you didnt answer the obvious, is there a way with bankruptcy to keep the car without paying her for it?
            If you agree to pay her cc debt (even 1/2) in your divorce settlement, you are obligated to do so. My attorney made me bring the divorce settlement paperwork to her office so she could make sure I had not agreed to pay any specific amount. When I asked why, she said because I probably cannot get rid of them in BK.
            Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
            Plan Confirmation 6/16/06 :yahoo:
            Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

            Comment


              #7
              Oops, I saw long & nasty, in the thread title, I was thinking it was about something else. Never mind, ahhh good post, whats the question though???

              Comment


                #8
                Omg!

                Ok I am new to this BK thing, as I just filed myself a couple of weeks ago. I don't know much about the law so I can't help you much. But I just want to tell you that this girl is a HENIOUS B****!!!!! Seriously I don't think I have ever heard a more screwed up situation. I am not saying that you aren't at fault here for taking her back, letting her screw with your money, etc...

                You need to get back on your feet, start to feel better about yourself because I know you must be pretty down right now! I hope that things get better for you, and although I don't have any legal advice I am pretty good on the relationship end of your situation. I had an ex boyfriend just like this girl. We bought a house (I was only 21), we got two really nice cars, we had a good life. We were about to get married and all of the sudden he turns on me, he did the kind of things that your ex did. And what did I do...RAN as fast as I could from all obligations that I had with him. He could afford to pay them himself since he was the only one working at the time and I was going to school. I moved back home to my parents, and he sued me. Money for the house, the cars, credit cards we had wracked up together. Not because he couldn't pay them himself but because he wanted to be as A**! We settled out of court, and now my new husband and I are filing BK partly because of the situation. Hang in there!

                Comment


                  #9
                  Thanks for all the reply's, i guess my main question is, is there a way through bankruptcy to keep the car without having to pay her for it, and pay her for it i mean since there was a Temporary Orders Meeting and in those temporary orders (under pressure) agreed to pay her for the car, but now i cant afford to pay her for the car and i cant be without a car becuase if i am then i'll lose my job and ontop of that from all the money that i shelled out to pay her for her bills which im having to pay on i wanted to see if there was a way to fight back the dirty way since i guess she's shown me the gloves have come off and and anything within the law goes so thats my main question.

                  Comment


                    #10
                    she is just another creditor, as far as the car goes she has a 1/2 ownership
                    according to the title. i can't think of a reason you would have to give it back. only issue would be when it's time to sell it she is entitled to 1/2 and you will need her signature.

                    unless of course all this stuff is the result of some kind of property settlemnt in a divorce and is tied to support payments. you refer
                    to her as an "ex" . the temporary orders meeting?
                    Last edited by djk; 04-10-2006, 04:44 PM.

                    Comment


                      #11
                      People keep saying property settlement, the temporary orders meeting is basically a set of rules that we go by until the Final Hearing Date then they are over. Ive been thinking, is there anything i need to watch out for as far as how the divorce decree states so that she doesnt undermine me and get me in a loophole so i can't discharge her as a creditor? And as far as any property all that is going to be settled before final hearing, only property disputed is the car, and im going to have that paid to her and title transfered to my mothers name before final hearing.

                      Comment


                        #12
                        divorce settlements can not be discharged in bankruptcy as far as I know.

                        Comment


                          #13
                          If this is a divorce case, settlements on the debts and auto will have to take place.
                          Some of those debts may not be dischargable in BK. Only your attorney can help you with this.
                          Also you need to be very carefull about transfering any titles on anything (talk to you attorney) to anybody....
                          If the auto is paid for in the settlement - its an asset for you....

                          Consult an attorney before you file - in fact I would now have a quick consultation about the whole situtation to see what I'm up against.....

                          My suggestion
                          Minny

                          "It's amazing the paths that our feet sometimes follow in life".

                          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                          Comment

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