reaffirm or not

[1witch]

What is the name of your state? OH
My husband and I had agreed to a dissolution, but now he's decided he is filing ch 7 bk. We have $30000 in joint debt, and a home that has $34000 negative equity. I have the title to a vehicle worth $6000, and will soon be getting another $16000 vehicle and +$20000 in cash from and inheritence. I don't want to lose the house, cars and inheritence because he's won't pay his debts. He won't lose anything in this deal. I don't want to file bk. He insists on filing even though our incomes are sufficient to pay our debts (it will be a tight budget). I could afford (barely) to pay my debts and the payments on the joint debts. I think his plan is to file banckruptcy before the marriage is ended. Can I let him file bk, then sue him through the divorce for his $30000 share of joint debt? If he soesn't know I'm suing for his share and doesn't list me as a creditor on his bk, could I get a judgement/garnishment of wages? Should I try to make an arrangement with the creditors for some kind of modified payments on the joint debt (like ending the interest) before or after he files? Should I keep making the mortgage payment, let him file for bk including the mortgage and assume the bank will let me reaffirm the current mortgage, or should I stop payments and wait for them to offer the house to me? If I stop payments, I could set aside the $ and then make the account current when the bank offers me the mortgage. Sorry this is so long and complicated.

[bigun]

You got a mess on your hands.
You can't stop him from filing bk and if he quits paying the bills, the creditors will come after you for the joint debts.
You have no recourse to sue him for debts included in bk. The joint ones all fall to you.
If you've not gotten legal help, this would be a good time to see an attorney.

[1witch]

If I allow him to file bk (without naming me as a creditor on the bk) before I file for divorce; then why can't i include his share of the joint debt that will become my responsibility as part of the divorce settlement. He makes plenty of $, and if he files bk, he can surely afford to pay me (or have it garnished) $30000.

[bigun]

You have no say in if he files or not. He does not need your permission.
You're on the right track-if you can get the divorce decree written that this debt is in leu of spousal support you have a really good chance that a bk trustee will deny the discharge.
Problem is, can you get that divorce settlement negoitatied before he files bk.
I'll say again, you need a lawyer now.