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Questions about filing

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I have a few questions pertaining to filing a chapter 7 in NY state

1. In my divorce (decree dated Oct 31, 2000 from PA), part of the separation agreement stated that I will not hold my ex-wife responsible for 2 loans, both joint, (Student and Car) in the event that I default. Would she have any legal recourse in the event of my filing a BK? She is contemplating a BK as well, but in the event she does not file, what could she do?

2. The car loan. Would it be better to let the finance company repo the car, then file the BK? Or Notify them of my intent to file a BK, surrender the car to them for resale and include the difference in the BK. This is a joint loan between her and I. Her name is listed first on the loan and they usually try to contact her first, although the address information is mine.

3. Student Loan. It is my understanding that I cannot have a student loan discharged unless there is a hardship. The loan will be 2 years old in September. I was unable to complete the course due to work commitments and dropped after 7 or 8 classes. The institution (Executrain) would not even consider any type of pro rating. He got paid so I guess it didn't matter. This loan is also Joint in the same manner as the car loan.

4. The best place to file. I currently am staying with a friend in Buffalo, NY. He does not charge me for rent, etc. My drivers license reflects my PA address. Should I file in PA or NY? Technically I do not reside in NY so I would imagine PA would be my better choice

Any help on these questions would be most sincerely appreciated.


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