Personal Bankruptcy Forum


Author:   Ellen
Date:   September 9, 2002
Question:  

At present I am in the middle of a divorce 2 years in length. I was hoping the divorce to be over with a judge ordering 1) the sale of the home with the debts paid (which all happen to be in my name)or 2) me given the home with debts so that I may consolitate or obtain 2nd mortage to pay said creditors. My husband and I own house jointly; he has not made any payments for over 2 years nor has he made any payments financially. I am left with all bills of the marriage and house payments, I have tried a second job, used all vacation monies and bonus to stay ahead, but now find that I am falling behind. My question is, is it wise to file bankruptcy before the divorce is concluded, or should I just wait it out? I would very much like to save my credit, but I'm scared that the credit card companies will start taking action against me before this divorce is completed. Household bills are approx $2,800/mo and I only take home 1800/mo with 2000 overdraft on my bank account. I am a family of three.

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   September 9, 2002
Answer:   This is a difficult situation. You are probably better off finalizing the divorce/property settlement before making any decision to file for bankruptcy. If the creditors take legal action and obtain judgement against you, however, you will need to stop the seizure of your wages. I'd suggest you talk to your lawyer first and then a Trustee about the best course of action for your complete situation.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




Bankruptcy Forum | Submit a Question