after divorce - pre bankruptcy, community property state

[chg]

Can they go after my ex (garnishment, bank freeze) if the debt is only in my name, post divorce - but before I file bankruptcy. There were no joint cards, oly a couple where he was an additional user -

Debt will be split out with those ccs that were in my name only when we married are still only my debt in the divorce paperwork

I am planning on moving in with my folks next weeks and filing divorce within 2 weeks.

[lrprn]

Typically in a community property state, any debt accrued by either spouse while they were married and living in the community property state is owned equally by both spouses, regardless of whose name is on what.

To find out how things stand if you file solo and are still married (you aren't going to be able to get a divorce in two weeks in a community property state), you need to set up free initial consultations with at least 3-4 experienced bk lawyers in your area. I would also touch base with your divorce attorney as well to see how this situation is going to fly when you file.

Bankruptcy and divorce make very uneasy legal partners. There are variations for what trumps what depending on your state's divorce laws and prior bk law interpretations. In some states it's best to divorce first and then file. In other states it's the opposite.

You really need to know what's going to work out best for you in the long run before doing anything. This is not the time to make any assumptions. You need solid legal advice, and fast, if you plan to file soon.

[chg]

unfortunately, i have first had knowledge that divorce happens very quickly in my state, even with children involved, can be less than 3 weeks after self prepared papers are notarized and submitted till decree happens - with community property debt etc

i have have in inquiry in to my atty

[chg]

From my atty

Almost immediately. This happens quite often. (I removed her name)


----- Original Message -----
From: me
To: her
Sent: Saturday, May 22, 2010 8:22 AM
Subject: Divorce and bankruptcy

All debts are in my name and my husband is making life very difficult, blaming me for everything and making poor financial decisions - I am ready to leave this union- how long after we are living apart and divorced can I file on my own and not have issues with questions of fraud?


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