Divorce after Chapter 7?? Need good opinions.

[NewDawn]

I am hoping that I can get some really good opinions on this subject. My cousin and his wife filed for Chapter 7 last fall and just received their discharge papers the end of last month. However, the case hasn't closed yet.

Unfortunately, his marriage has been under severe stress for quite a while and it looks like they're going to be heading for divorce due to a whole host of issues. They did reaffirm their mortgage as well as their vehicles, including a RV trailer.

Neither one of them can afford the mortgage payment on their own individual income. They are upside down on all their vehicles as well as the mortgage. They are approximately $60,000 upside down on their mortgage. Is there any way to surrender anything at this point or is it too late? My gut is telling me that they didn't take the opportunity to get rid of all the dead weight. They live in California.

In any event, what advice would you give them? It's going to be painful no matter what.

[jlmaca]

I am hoping that I can get some really good opinions on this subject. My cousin and his wife filed for Chapter 7 last fall and just received their discharge papers the end of last month. However, the case hasn't closed yet.

Unfortunately, his marriage has been under severe stress for quite a while and it looks like they're going to be heading for divorce due to a whole host of issues. They did reaffirm their mortgage as well as their vehicles, including a RV trailer.

Neither one of them can afford the mortgage payment on their own individual income. They are upside down on all their vehicles as well as the mortgage. They are approximately $60,000 upside down on their mortgage. Is there any way to surrender anything at this point or is it too late? My gut is telling me that they didn't take the opportunity to get rid of all the dead weight. They live in California.

In any event, what advice would you give them? It's going to be painful no matter what.

There is no doubt going throught this type of financial upheaval is traumatic to relationships. There is always marriage counseling, I hate to see marriages dissolve.... I do believe a chapter 7 can be reopened, ask them to give their attorney a call and check it out.

[BobMango]

...Is there any way to surrender anything at this point or is it too late? ...

In any event, what advice would you give them? It's going to be painful no matter what.

They need to find out when their reaffirmations were filed with the court. If it's been less than 60 days they can still rescind the agreements, even after discharge.

My advice would be to contact their attorney asap and explain what's going on.