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#1
07-15-2003, 10:12 AM
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Can he keep me from filing BK?What is the name of your state? OR I'm going through a divorce and my spouse and I have some joing credit cards. My question is: Can he and/or his attorney keep me from being able to file bankruptcy?? Please help, thank you!! |
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#2
07-15-2003, 10:35 AM
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| "Can he and/or his attorney keep me from being able to file bankruptcy??" *** No. Though they may be able to challenge your filing on some specific joint debts.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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#3
07-15-2003, 10:51 AM
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| So if they can challenge me on some joint accounts, does that then mean I would not be able to file BK afterall? Or can I still file even though they are challenging the BK? |
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#4
07-15-2003, 11:37 AM
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| No. It means you CAN file, but they have the opportunity to challenge things on your filing. They would do this either at your 341 meeting or in the 60 days following the 341 meeting. They cannot stop you from filing, they can just try to throw a monkey wrench into the works. They can challenge - but the STBX would have to have a pretty darn good case to get the Trustee to do anything that might get your case dismissed. Just whining becuase he doesn't want the joint accounts stuck to him isn't going to do it !!
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#5
07-15-2003, 12:13 PM
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| So what would be a good reason? How about since he's unemployed, can he contest it and say that if I file BK, then it will affect his credit making it difficult for him to get another job? (he is unemployed but receiving unemployment) |
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#6
07-15-2003, 12:44 PM
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| No, that'd just be more whining on his part. Boo Hoo !!! Its NOT going to hold ANY weight with the Trustee or the Bk judge !! Your STBX would have to show enough damning evidence of substantial abuse, fraud, or transfer/ hiding of assets on your part to even make the Trustee blink, let alone think twice.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#7
07-15-2003, 12:53 PM
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| LR, I like the Boo Hoo description. Good work, girlfriend. |
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#8
07-15-2003, 01:00 PM
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| Ladynred, You are awesome!! That makes me feel so much better!! Thank you so much for your help on this!!! |
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#9
07-15-2003, 02:53 PM
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| You're quite welcome  Happy to help.HG - Thanks, I thought the "boo hoo" was fitting 
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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