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Bankruptcy/Divorce

  • Thread starter Thread starter Chris1Howl
  • Start date Start date

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Chris1Howl

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My mother lives in NY and wants to get a divorce from my stepfather, he was cheating on her. They have been married for 11 years, HOWEVER, he keeps on threatening her that he will file bankruptcy and she will get nothing if she divorces him. But he makes about 40,000 a year at his job, has about 150,000 + in his 401K retirement, but has close to 50,000 in credit card debt. Also, recently he stopped paying for many of the household bills, ie car payment, credit card debt. The credit card debt is all totally his, no cards in my moms name, and she has not used them, is she still liable for the debt? Can he really declare personal bankruptcy even though he has $, job, retirement etc...
 


bigun

Senior Member
He sure can declare bk-either chapter 7 or 13. The money in a 401K is exempt from creditor seizure in a bk. Your Mom is not liable for the cc but, if they have joint debt like a mortgage or auto loan then, the creditor will turn to her. Your Mom needs a lawyer to protect herself.
 

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