Filing Chapter 7 While Divorce Proceedings Are On-Going
Hi,
First time poster here... But I have decided to declare Bankruptcy (Chapter 7) due to unforeseen circumstances.
There are a few items I would like to ask for clarification. But first I'd like to give a brief background...
1. I was stationed in California for my entire military career but never gave up my Home of Residence in Washington State. I chose to voluntarily retire from the US Navy after 23 years and moved to Oregon to take care of my elderly mother. She passed away unfortunately leaving me as the executor of her estate (no assets other than household items and a $10,000.00 life insurance policy intended to offset burial costs). In her Final Will & Testament she requested that any funds left over were to be disbursed evenly among my siblings and I. Each of us received $950.00 in January 2011. I used my portion to pay household bills.
2. My wife of 21 years filed for Divorce on September 28th 2009, exactly two weeks after I told her I had decided to retire and move to Oregon. I was still on active duty until April 31st 2010 so I packed my personal belongings (clothes, records, computer, tools etc.) and moved into a barracks room at the base taking my vehicle as well.
3. During our marriage she and I racked up tons of unsecured CC debt, a Primary Mortgage, HELOC, 2nd Mortgage and four vehicle loans (two vehicles are now paid off).
4. Since I knew there was never any way to pay down the amount of debt we had accumulated I stopped paying any and all bills with the exception of my Military Star Card (AAFES) and my vehicle loan.
5. I left California on 19 January 2010 and arrived at my mothers home in Oregon on the 21st of January. The state of Oregon requires you to be present in the state for 6 months before claiming residency according to the DMV.
6. My brother, his son and a sister all of whom receive some form of Social Security or SSI reside with me but I am the Head of Household. I am my brothers payee and have opened a checking account for him at a local branch.
7. I have at least one suit being brought against me by a CC company and am constantly being harrassed by phone calls, letters and emails. This suit was served to me on the 15th of July and I am required to respond within 30 days so I have about ten days to file a response hoping to delay a garnishment or get the Chapter 7 filed for the automatic stay it affords.
Ok, hopefully I gave enough background so that some of the questions I am going to ask will make sense.
First, with regards to venue. I believe I can file here in Oregon since I entered the state with the intention of living and working here but am unsure.
Secondly, I need to determine if I can include my wifes debt even though she is not a party to the petition. The divorce is nowhere near complete although we have been separated since Sept 2009 and an MSA (Marital Settlement Agreement) meeting is scheduled at the courthouse in ten days.
Thirdly, if I include her debt do I also need to include those assets remaining at the family home even though I am not in physical possession of any of them?
Fourth... I only used my income to pass the Means Test since the others in my household are recipients of SSI. I also noted that since I am a veteran I was automatically excluded from that requirement anyways.
I have decided to proceed Pro Se and could use all the help I can get.
Thanks In Advance,
TroubledSailor
First time poster here... But I have decided to declare Bankruptcy (Chapter 7) due to unforeseen circumstances.
There are a few items I would like to ask for clarification. But first I'd like to give a brief background...
1. I was stationed in California for my entire military career but never gave up my Home of Residence in Washington State. I chose to voluntarily retire from the US Navy after 23 years and moved to Oregon to take care of my elderly mother. She passed away unfortunately leaving me as the executor of her estate (no assets other than household items and a $10,000.00 life insurance policy intended to offset burial costs). In her Final Will & Testament she requested that any funds left over were to be disbursed evenly among my siblings and I. Each of us received $950.00 in January 2011. I used my portion to pay household bills.
2. My wife of 21 years filed for Divorce on September 28th 2009, exactly two weeks after I told her I had decided to retire and move to Oregon. I was still on active duty until April 31st 2010 so I packed my personal belongings (clothes, records, computer, tools etc.) and moved into a barracks room at the base taking my vehicle as well.
3. During our marriage she and I racked up tons of unsecured CC debt, a Primary Mortgage, HELOC, 2nd Mortgage and four vehicle loans (two vehicles are now paid off).
4. Since I knew there was never any way to pay down the amount of debt we had accumulated I stopped paying any and all bills with the exception of my Military Star Card (AAFES) and my vehicle loan.
5. I left California on 19 January 2010 and arrived at my mothers home in Oregon on the 21st of January. The state of Oregon requires you to be present in the state for 6 months before claiming residency according to the DMV.
6. My brother, his son and a sister all of whom receive some form of Social Security or SSI reside with me but I am the Head of Household. I am my brothers payee and have opened a checking account for him at a local branch.
7. I have at least one suit being brought against me by a CC company and am constantly being harrassed by phone calls, letters and emails. This suit was served to me on the 15th of July and I am required to respond within 30 days so I have about ten days to file a response hoping to delay a garnishment or get the Chapter 7 filed for the automatic stay it affords.
Ok, hopefully I gave enough background so that some of the questions I am going to ask will make sense.
First, with regards to venue. I believe I can file here in Oregon since I entered the state with the intention of living and working here but am unsure.
Secondly, I need to determine if I can include my wifes debt even though she is not a party to the petition. The divorce is nowhere near complete although we have been separated since Sept 2009 and an MSA (Marital Settlement Agreement) meeting is scheduled at the courthouse in ten days.
Thirdly, if I include her debt do I also need to include those assets remaining at the family home even though I am not in physical possession of any of them?
Fourth... I only used my income to pass the Means Test since the others in my household are recipients of SSI. I also noted that since I am a veteran I was automatically excluded from that requirement anyways.
I have decided to proceed Pro Se and could use all the help I can get.
Thanks In Advance,
TroubledSailor
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