Divorce/bankruptcy delima

[Doodleart]

Married 20 yrs. Filed for divorce 12/15/03. Husband ran up over $40,000 in credit card debt. He is a comm. truck driver. Owns his own truck. contracts out of truck company. Of the $40,000 I charged up a total of about $1,000. Mostly moving out of the house expenses. I take home $750 a month. Am now renting an apt and when expenses are paid, I have about $20 a week for food. I inherited $22,000 last may when my dad died. I put it into a seperate bank account and then gave it to my older son in June.

Husband said he would take all the credit card charges, at first, but now he's contested the divorce, not wanting to do that. I feel he is trying to make his truck runs low so it will show he isnt' making any money. If he files for bankruptcy, I am wondering what will happen. Will I be stuck with it all? and have to file bankruptcy and loose the money I gave to my son? Will my husband be able to sell his truck or keep it? He is running up about $1,000 a month on the cards. Makes me sick and very nervous. I am 56 and the money I sent to my son is all he will ahve to take care of me in the future.

Any feed back? thanks.

[nature]

Am in the same situation... except i have already been to court over a year ago for the divorce i am still married to him but have not even seen him in over a year... i make 900.00 a month i am 50 .. My husband filed chapter 13 and yes he has everything .. motorcycle,big truck pickup... and i am having to pay the car payment which is 468.00 a month... and yes he is making slow runs and accounting for all his money... with fake recipts.. i am being sued now for a credit card he ran.. up and i filed bankruptcy on Friday... go talk to a lawyer and tell him the truth and weigh out your options... and learn a lesson ... like i have hun.. don`t talk to him.. and do what u have to to survive is my best advice.. good luck

[HHM]

Ok, lets back up...you filed for divorce nearly 2 years ago (12-15-03), why has the case been open for so long. Did you ever get a Decree of Divorce.

Is the $40K in debt ran up by your spouse before or after the Decree of Divorce was entered (if one was).

[StaciMM]

Just a thought-on your income filing on the new laws-if it comes to that-should not be an issue. One area to look into is what timeframe will make the $22k you gave to your son 'safe'. I know right now they ask about transfers to family/friends within 1 year of filing. I don't know if that will be the same come 10/17 or if it will be longer.

I have no info/advice on the divorce, X situation. If your name is on the credit accounts, and he files BK, the creditors can call/try to collect from you. With your income, creditors probably can't do much to take anything away from you right now. Most states protect the first $154.50 of your take home pay weekly from garnishment. (30 X minimum wage.) You're renting, so there is likely no property for them to attach.