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  #1  
Old 05-02-2002, 01:23 PM
snookyjo
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Question

bankruptcy in a divorce


I live in Washington state, and my son is going through a divorce, the way things are going right now it looks like he will have to file for bankruptcy. What I need to know is: what actually happens when you file for bankruptcy, and if he does, file for bankruptcy, will his wife (who he is seperated from) be held responsible for any bills, in the bankruptcy? do you loose all debt, would he loose his house, cars, etc. Any information would be greatly appreciated.
  #2  
Old 05-02-2002, 02:39 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Bankruptcy will generally erase all unsecured debt. He can proabably keep his house and his car provided that his payments are kept current and he reaffirms the car.

His estranged wife could be held responsible for the debts IF they have joint accounts. He can file, and it would be eliminated for him, but the creditors would then go after her for payment of the debts.

Each state has specific exemptions for personal property, and Washington has a rather generous homestead exemption (his home) of $30,000. Here's the link for WA exemptions:

[URL]http://www.cyberstation.net/~paralegal/wa.htm[/URL]

Values for personal property and household goods is figured using quick-sale prices.. think garage sale pricing, not what he paid or what the replacement value would be.

It takes 3-6 months to do a bankruptcy, from the time you file the papers until discharge (bankruptcy granted, all debts wiped out).

I hope this helps
  #3  
Old 05-02-2002, 10:41 PM
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Join Date: Dec 2001
Location: TX
Posts: 1,090
I dont know if this stands for all states, but my husband was told if he filed for Bk "DURING" his divorce, it would put his Divorce on hold or prolong it.. wait until the alotted time(30 days after final date in Texas) after the divorce and then file, thats what he was told..... but he tried CCCS first for a year, and then ended up filing anyway due to overwhelming debt...

follow through with the Divorce first, and see what happens...

His EX wife who gave him a really good screwing in the divorce is now the proud owner of all the (CC) bills she maxed out during the divorce...

Last edited by nailtech; 05-02-2002 at 10:47 PM.
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