Divorce/Bankruptcy

What is the name of your state? Indiana

Long story, but here goes.....my husband and I agreed to file for divorce about a month ago. Since I asked for the divorce, my husband has been threatening to file bankruptcy because we owe so money on credit cards. I do not want to file bankruptcy because it will ruin both our credit. We are self-employed as a trucking company (only one truck and my husband as the driver) and alot of the debt is due to the business. We are not now, nor have ever been delinquent on any payments on either the business or personal debts. I have an outside job, but only make about $1600.00 per month. On the other hand, the business brings in about $10,000.00 per month.....more than enough to make monthly payments on both the business and personal debts. But my husband does not want to be responsible for the credit cards, and he knows I will not be able to afford the payments after the divorce......therefore he wants to file bk. In the meantime, he has abandaned me by leaving on the truck and having all of his checks forwarded to his parents house. He has informed me that he will not be sending me anymore money. I have depleted our savings by paying up the bills thru the end of June, but after that, I won't be able to make payments anymore.

Today when I came home from work, he had been here and taken all of his tools, some furniture and his clothing.....(the tools being very valuable). I'm afraid that he has already began bk proceedings to keep his business assets and release himself from the mortgage ($1400.00 per month) plus the credit cards and personal loans. If that happens, I realize that the creditors will come after me for repayment. MY QUESTION......will the creditors come in and start selling off my belongings (furniture, car, etc) in order to satisfy their debts???? If so, is there some way I can get rid of my stuff before that happens?

Any help would be GREATLY appreciated!!!

[nailtech]

I dont think they will come in and physically take your things, they will freeze your accounts, put leins on personal property and then file judgements on you and or garnish your wages(if your state allows).... you will then end up filing Bk just to get your peace of mind back.... you will then have to sell your things just to stay afloat and survive..... thats if he files BK and you dont and they come after you...... JMO.... (not all in that order).....

If he seeks bankruptcy protection, you have two options: File one yourself OR pay off any joint debts and any of your debts.

Sounds like you need a good divorce attorney to help protect the assets right away.

The bankruptcy decision on your end can come later.

Don't try to go this alone -- he has already proven that he wants to fight dirty.