Unable to file Chapter 7 or 13 � Code 523.815

[U2ForNow]

[Minnymouth]

Cannot find anything on this code, but will do some research on it and see what I can find out......

[no_it_all]

I have almost 1 million in debts <big snip>
Any insight from others that have been through this would be helpful.

Insight from filers that were a million in debt? Or insight from Chapter 7 no asset Pro se filers??? If you can't file, I guess you answered your own question...The strategy now is to become as judgement proof as possible...

[alh]

I found the code you mentioned. I don't see how it would stop you from filing. We need some more specifcs I think. What lawyer told you this?

[U2ForNow]

Follow up

I found the code you mentioned. I don't see how it would stop you from filing. We need some more specifcs I think. What lawyer told you this?

I don't think the million has anything to do with it. I went to and then saw him in person. He seemed very helpful and knowledgeable. I am going to follow up with him today and also get a second opinion. I will also let you know what I find out.

I am not going to file Pro se if I can file at all. Also, where did you find the code? I spent hours looking for it and found nothing.

Thanks for the responses.

[alh]

Looks like it is this section of the BK code

http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html

[U2ForNow]

Help...

Looks like it is this section of the BK code

http://www.law.cornell.edu/uscode/ht...3----000-.html

[anonymuse]

Now this is my thinking--however logical or illogical it may be. You are not giving your ex-wife the money to pay the creditor--therefore you are in debt to the creditor, not your wife, so it would not be detrimental to your ex or children (if any).

Double-/Triple-check with other attorneys.

Try posting at:

http://community.lawyers.com/messageboards/list.asp

where lawyers answer questions.

[U2ForNow]

Thank you..

for your input. I too do not understand how this would apply to me. I agree, I am going to follow up with the attorney I spoke to for more clarification. I will let you know what I find out.

[keepmine]

People that are divorced file bk all the time.
The only problem I can see is if any of the debt in the divorce that was assigned to you was joint or, you live in a community property state.

[anonymuse]

People that are divorced file bk all the time.
The only problem I can see is if any of the debt in the divorce that was assigned to you was joint or, you live in a community property state.

But in his divorce decree he agreed to be responsible for the debts.

[SinkingFast]

You need to Consult with more than one attny, AND take a copy of your Divorce Decree with you to the Consults.

Don't tell attnys what this first attny, or any other attny, has told you. See what fresh pairs of eyes see and fresh minds think.

[2LiveSimple]

Insight from filers that were a million in debt? Or insight from Chapter 7 no asset Pro se filers??? If you can't file, I guess you answered your own question...The strategy now is to become as judgement proof as possible...

What does it mean judgement proof? If you could go into detail I would appreciate it..it would really help especially since I am not sure when I will file.

Thanks ahead of time!

[keepmine]

Judgment proof means you have no assets that can be seized by a creditor.

[SinkingFast]

What does it mean judgement proof? If you could go into detail I would appreciate it..it would really help especially since I am not sure when I will file.

Thanks ahead of time!

You don't own anything of any value worth coming after and you make next to nothing.

Is your State's Garnishment Law a flat 25% of earnings or is it 25% of disposable income? That can make a significant difference in what would be withheld from your pay if you do get garnished.

If you might not file BK and you're gonna work, why not work in a State that does not allow Wage Garnishments??