How do I protect my divorce settlement? My ex trashed everything!

[wannaB_Shakira]

Please help...I'm trying to protect my settlement entitlements from my divorce.



Without my knowledge my ex husband ran up credit card debt in my name...about $33k. Then he also ran up another $25k joint credit line...and he took $44k from an equity loan on the family home and then let it foreclose...AND on top of all this he sold the investment property townhouse against the court orders!

By the time the divorce was concluded in 2004, my marital settlement included entitlements and awards to remedy his contempt of the court's orders and defrauding me:

1. He was awarded the all the unsecured credit card debt that was in my name.
2. He is to pay me $44k for the equity loan he converted.
3. He's supposed to pay me the proceeds from the sale of the townhouse.
4. I was awarded the townhouse as my sole and separate property and have the right to sue the buyer for it's return (yes it had a Lis Pendens on it that the title company missed).

Today he is $97k behind in child support and I doubt that I'll ever collect it or the money awarded. He runs, doesn't work and is difficult to find.

All those credit card accounts have been "charged off" and sold to collectors.

I haven't been working for the last two years, instead I've been defending my own divorce case. I was doing nothing but working for child care and to pay the attorney bills. Now I'm home and I work the case myself, I'm home for the kids and my brother has been helping support me while I do this. My brother has a lien on my 2 cars for the support.

I want to file Chapt 7 bankruptcy and get rid of all the damage he's done and I have a few things I need to protect.

Question 1: How do I protect the lawsuit for the return of the townhouse? The litigation is was started in 2005...I don't know if it will conclude in the next 6 months, or the next year.

Question 2: I've just recently received a professional license. I'm changing careers because I can't do the usual business where I'm living. I've not started the business yet. How do I protect the license? What defines having a business?

Question 3:I received a lump sum $30k alimony January of this year. I've spent it already. How do I explain that?

[wannaB_Shakira]

Oh by the way. I live in California.

[rrockinggramma]

The best way to protect assets is to file a chapter 13. I would find a really good attorney or two or three and lay it all out on the table and then see what they all say.

[wannaB_Shakira]

I've had no income for over two years and haven't used any credit cards. The all the debts mentioned were charged off by the original banks and sold to collectors in 2003. The collector's keep bugging and I'm worried that one of them is working on putting a judgment.

My income will never be enough. My ex incurred over $150k in debt in my name. That's not counting the foreclosures. Somehow I don't think I qualify for Chapt. 13.

I don't want to pay the creditors. They refuse to dig up any records that I need to prosecute him for identity theft. They say they can't find the signature cards or any other signature records of the charges.

[genseeker]

Even if the creditors refuse to provide you with the records, make sure you get a police report filed for every single debt and you specifically name your EX as the person responsible. Also fill out the FTC fraud affidavit for the accounts. Then send a copy of the police report and FTC affidavit to every creditor AND to every CRA. You keep all the originals and I highly recommend sending every letter by CMRRR. All the debts that he created should be removed from your credit reports. And if any of the creditors try to collect from you OR sell the debt to someone else who tries to collect, you have everything you need to file suit against them. Your credit report will also get the extended fraud alert, which is good in your case and lasts 7 yrs. You may also be able to freeze your credit reports which prevents access unless a legitimate reason exists. And finally, don't forget to opt out. Google "opt out prescreen".


I had 1 account that is from fraud and believe it was opened by my mother shortly before her death. Not really her fault tho, she was on a lot of meds and her dr had her DL revoked and helped my dad get the bank to suspend her ability to write checks or use the debit card. She really was not aware of things and the timing of the account is just a couple months before she passed away.

[wannaB_Shakira]

Hi Genseeker, I like your strategy.

I've tried to get the police to take a report and they didn't want to because they wanted the signature cards/records from the credit company.

1. Would a citizen's report work for the purpose you stated above? The divorce settlement also says he's responsible because of fraud.

2. Now he is working under his mother's ssn to avoid paying child support. His mother lives out of the country and has never worked/resided in the US. If you look up on ACCURINT you see that his mother has two ages (47 and 67) and follows him from residence to residence. She also has wonderful credit. How do I get him investigated for this? Shouldn't reasonable suspicion be enough to investigate this?

Thanks!

[lrprn]

2. Now he is working under his mother's ssn to avoid paying child support. His mother lives out of the country and has never worked/resided in the US. ... How do I get him investigated for this?

Report his use of his mother's SSN through the Social Security Administration hotline - http://www.ssa.gov/oig/hotline/

The identity theft by your ex should be reported to the Federal Trade Commission (FTC). Call them toll-free at 1-877-IDTHEFT (1-877-438-4338) or at http://www.ftc.gov/bcp/edu/microsites/idtheft/.

[FreshLikeADaisy]

Wow, I am really amazed at you (Shakira) and Genseeker with your ability to strategize and defend yourselves. I'm actually a little in awe -- how you defended yourself in a divorce that messy and won what you did, well... that's quite an accomplishment. I'm over here pro se in a strightforward no asset Chapter 7 and shaking in my boots!

From what I read of your posts, the biggest deciding point as to whether to file Ch7 is you expectation that you will receive half the proceeds from the townhouse, but then in another place you said you didn't expect to ever get that. In fact, you made it sound like you had as much chance of getting it as Britney Spears has chance of winning the Nobel Prize in quantum mathematics. If that's so, and you're reasonably certain you won't see it anytime soon, if ever, I say go ahead and file. If you file you can get your own credit straightened out here and now and have a future that doesn't involve carrying his debts. If the Good Ship Lollipop actually does come in and you see a return on the townhouse, you can deal with that later.

It's a calculated risk, either way. But personally I think you have a better chance of seeing the ex in jail or on the lam himself than dollar one from that townhouse. People who are THAT dishonest don't suddenly change and say, "Oh, I was wrong, here's your money, please forgive me." No, they say, "I'd rather die spending it than see you get the first penny." Looks like he's taking the latter course of action, so the cost of waiting (possibly until hell freezes over) is going to outweigh the negative consequences of actually seeing some of that money post bk and having to deal with it.

These are just my thoughts; you have to do what you feel is best. I hope it gets better for you soon!

[wannaB_Shakira]

Thanks Fresh,
I've been managing my own divorce case and even responded to an appeal and won. When I had attorneys all they did was cost money and screw things up.

With regards to the townhouse lawsuit...It's possible in the future that I receive the townhouse back from the buyer because I put a Lis Pendens on the townhouse. However that suit has been pending for over two years and may go on for another 6-12 months. Of course title companies don't want to admit they screwed up by letting the house be sold.

If I have the townhouse returned to me or they settle on paying me the equity; would the trustee take it if it happens after a discharge?

[keepmine]

The statute of limitations to collect a debt in Ca. is 4 years. If this mess went into collections in 03 or sooner, the SOL has run. You have an affirmative defense against any lawsuits.
For ceratin, file all the fraud reports.

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

A bk filing may not be necessary since the time to collect is expired.
Two good sites to get some info and help are. www.creditboards.com and www.creditinfocenter.com

[wannaB_Shakira]

The divorce attorneys who messed up my case and didn't include their "total" fees in the settlement agreement are the one's who've sparked the idea of bankruptcy. They are after me for $18k though the fees they declared to the court is $5k. That was back in 2004. I don't want them putting a judgment on me. Especially since I know they are watching this townhouse case. There are also the CAs who purchased the 2003 charge-off debts and they have put 2007 dates on the debts.

If the debts are already SOL does the bankruptcy renew their life? What about the CAs those are the same 2003 charge offs...do they have any standing?

We know the attorneys are jerks. I know they are working on getting a judgment.

Thanks!

[Tallulah]

If you have a lawsuit pending, and you file a Chapter 7, your lawsuit will become property of the bankruptcy court.

Wait it out. And BE CAREFUL if you do decide to file in the future. I had an AWFUL attorney. I lost EVERYTHING I owned. My X was in default of our divorce decree. By filing BK, I basically handed my divorce judgment over to the court. I am destitute. I can't go after my X. Filing BK was the WORST thing I could've done.