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Is ex-h headed for bk?

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    Is ex-h headed for bk?

    Hello,

    I've lurked here for awhile trying to learn what I could about bk but I have some questions that I hope it is OK to ask.

    I used to think that my ex-h of eight years never paying me joint expenses for our three kids (ages 10, 13 and 15) was personal; but now it appears that he isn't paying more of his bills than just what he owes me. About 6 months ago I started getting bill collection calls for him and his wife (of five years).

    I know about their finances:
    1. Default judgment for $20K for Target cc 2009
    2. $3300 cc Best Buy that has gone to collections
    3. $12K judgment 2007 (against wife for private school tuition for her kids)
    4. Outstanding account balance at the orthodontist for $2500 (10 months overdue)

    His house is contract for deed house with an original sale price of $577,000 and a balloon payment of $504,000 due at the end of 2012. He rented the house from 2006 until 2008 when he signed the contract for deed. He is responsible for $5K property taxes on the house annually.

    He leases two "high end" vehicles (newer Toyota Sequoia and a newer full sized pickup truck).

    He doesn't pay child support because the kids alternate between our households weekly; he does have a court ordered wage deduction of $542 per month that I receive for his portion of their private school tuition, health insurance premiums, and medical/dental expenses. (I got the wage deduction after he didn't pay the tuition or reimburse me for medical expenses for over a year).

    I think he makes between $50-70K annually and his wife has a cash business (she cleans houses). It seems that they live way beyond their means based on what I think he makes and their lifestyle. My guess is that they have quite a bit of cc debt largely incurred by eating out, travelling and "mall" shopping.

    I've read quite a bit about judgment enforcements, low credit scores, and bk. Is he headed for bk? I doubt he will have the wherewithal to plan for it as outlined in the bk pre-planning thread. I think he will be below the median so he won't have to pass a means test. Does this mean that he doesn't have to worry about presumption of abuse for discharge of his cc debt? How Will bk affect his auto leases and his contract for deed?

    My interest in this is in how what may happen to him may affect my kids. Sadly I'm probably more informed about his current situation than he is.

    #2
    I don't know about the house, but if he stays current on his vehicles and doesn't have much equity in them, I'd guess he stands a fair chance of keeping them. Some lenders can and will yank leases automatically on bankruptcy, though.

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