divorce & bankruptcy

iVillage Member
Registered: 04-18-2008
divorce & bankruptcy
7
Tue, 06-10-2008 - 1:29pm

Need to know if I am going about this in the correct order.

iVillage Member
Registered: 07-16-2007
Tue, 06-10-2008 - 2:03pm
Your divorce lawyer doesn't do bankruptcy, but she should be able to refer you to someone who does, and who can help both of you understand the implications of filing from divorce either before or after the bankruptcy filing. I would imagine there are financial implications whether you decide to file prior to his bankruptcy or after. Push to get a consultation with someone who is familiar with bankruptcy, and ask your divorce attorney to go with you so you BOTH have a better understanding. It will be worth the money you would pay in your divorce lawyer's hourly fee to do so. If they won't go, I'd find a divorce lawyer who can advise you, or who is willing to find someone who can.

iVillage Member
Registered: 04-18-2008
Tue, 06-10-2008 - 2:31pm
Yeah, I would need to go outside of my husbands bankruptcy lawyer as he is the one who "witnissed" my supposed signiture on the documents in question (and was one of the partners in the "project")...I may need to try to find public assistance at this point...
iVillage Member
Registered: 11-28-1999
Tue, 06-10-2008 - 4:33pm
Definitely consult w/ a bankruptcy lawyer because if you file when you're married, you can file a joint bankruptcy petition, where if for some reason, you need to do it also, then you would have to file separately after you are divorced, which would only cost you more money.
iVillage Member
Registered: 04-18-2008
Tue, 06-10-2008 - 5:33pm
What exactly is a "stay"
iVillage Member
Registered: 11-28-1999
Wed, 06-11-2008 - 12:05pm
A stay means that while the bankruptcy case is pending, no other courts or creditors can take any action against the person who is declaring bankruptcy unless they get permission from the bankruptcy court.
iVillage Member
Registered: 04-18-2008
Wed, 06-11-2008 - 2:26pm

Sorry, I think I'm missing something....


My husband has not filed bankruptcy yet, we have been served by the bank foreclosure notices.

iVillage Member
Registered: 11-28-1999
Wed, 06-11-2008 - 2:34pm

There is no possible way that you could be responsible for any mortgage that you didn't sign your name to, but you have to establish that it's a forgery.