Any advice?

[phoenix44212]

Hi, Well I'm paying the attorney in installments getting ready to file. I've been to several attorneys for advice but ending up going with one who is covered by my work benefits for the basic chap 7 or chap 13 costs. I'm really thankful for my work benefits.

Anyway I wanted to ask some questions and would like any advice. I am also going through a divorce and have been staying in our house with my daughter. I'd like to go out on my own with my daughter (she's 17 and has stated to the courts that she wants to be with me). Of course my credit is
shot (nuf said). I've read about renting on this forum but wanted to know how bk addresses all the deposits I most likely will have to pay to get a place to live and for the utilities. I'm pretty sure with exemptions applied to the house I am no asset, but I would like to go chapter 13 in case my SBX gets some marital division. We make the same money, and daughter will be with me but SBX did contribute more money to the down payment.

I will talk to my attorney but she seems fresh out of law school (but she's paid for and it's a big firm so she should be able to get help? right?) and I
wanted to get some advice on the subject.

I'm in Ohio and want to keep my car. Thanks

[lrprn]

A couple of questions, phoenix...

- When will your divorce be final? (Bk lawyers almost always recommend waiting to file bankruptcy until the divorce is final. Otherwise things can get really messy during the divorce if you file bk before it's final - for ex, the marital division you mentioned and custody of your daughter as well)

- Do you or your soon-to-be ex plan on keeping the house?

- Are one or both your names on the deed? And how about the mortgage(s)?

- Do you have a regular source of income? (You can't file Ch 13 unless you prove you can fund a 3-5 year repayment plan.)

- Why do you want to leave the house and rent now rather than later? If you stay in the house, you won't have to come up with rent or utility downpayments.

- Are one or both your names on the car title of the car you want to keep? Are one or both of you listed on the financing for the car? Is the car upside down on its loan? And how new is the car?

I must seem very nosy, but we can help you sort things out better if we have a few more details. Thanks!

[phoenix44212]

A couple of questions, phoenix...

- When will your divorce be final? (Bk lawyers almost always recommend waiting to file bankruptcy until the divorce is final. Otherwise things can get really messy during the divorce if you file bk before it's final - for ex, the marital division you mentioned and custody of your daughter as well)

Several bk consults said the same thing. They even said to hold the sbx "harmless" even for the debts (in my name) that we used for marital
property (ref, dryer, etc). The younger one is looking for a chap 7 and just
worried about getting me separated.

- Do you or your soon-to-be ex plan on keeping the house?

Neither of us could afford it separately - so no.
- Are one or both your names on the deed? And how about the mortgage(s)?

- Do you have a regular source of income? (You can't file Ch 13 unless you prove you can fund a 3-5 year repayment plan.)

yes, a normal job paying around 44k a year. (above the median for our state, OH for 1 but below if i count daughter). She will turn 18 this Dec. (another reason I might want to file sooner than later ?????)

- Why do you want to leave the house and rent now rather than later? If you stay in the house, you won't have to come up with rent or utility downpayments.

Living with your sbx can be problematic at best. But eventually I will have to
rent and come up with utility downpayments so I worry about those things.

- Are one or both your names on the car title of the car you want to keep? Are one or both of you listed on the financing for the car? Is the car upside down on its loan? And how new is the car?

Both on mortgage, deed and second mortgage. Cars our in our separate names. Both are 2006 and neither that far upside down. We always by year or two old.

I must seem very nosy, but we can help you sort things out better if we have a few more details. Thanks!

You're not. And that's why I am here. It's hard to make decisions without knowledge.

Oh, and I'm getting tired of the calls. I haven't paid cc's for a couple of months. SBX stopped helping a long time ago with the cc's in my name but
used to buy stuff for both of us or our daughter. And the utilities are all in my name and stopped paying her share of cable and phone. If she stops with the others I get in even more trouble .. Thanks