# Bankruptcy?!



## 827Aug (Apr 27, 2008)

My life has been nothing but drama since 2006. I filed for divorce in the spring and it hasn't happened yet. I am tired--both physically and mentally. I just want this to be over and move on!

To make a very long story short.....My estranged spouse has been draining massive amounts of money out of our business since 2007. I now know it was to serve a two-fold purpose. First, it was to destroy the business. Second, it was to support a very sick habit. All of this came to a head the week before Christmas. He had been given so many chances to stop lying, cheating , and stealing over the past couple of years. My pleas fell on death ears, so enough was enough. I then went to the bank, who holds our business and house notes, and told them everything. I just couldn't sleep at night knowing what my husband was doing. In addition, he may be looking at some criminal charges being filed--and I definitely wanted no part of that! Anyway, the bank in now calling in both loans and will begin foreclosure. Has anyone else been in this situation with a divorce? Filed Bankruptcy Chapter 11 or 13?


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## Blonddeee (Dec 17, 2008)

So you are wanting to file bankruptcy? My ex filed a chp 7... I've learned a little bit about it- 
If you file before the divorce is final it might change things- my ex waited till a week or so after the divorce was final and filed. The bankruptcy overruled the divorce decree- so even though he was supposed to pay for his car, the house and part of the debt he's walking away from it and my name is on all of it so they are coming after me. I would talk to a lawyer before you make any decisions- I don't know if it's better before or after the divorce in your situation.
My ex did it just to hurt me, but he lied and didn't tell them about his 2nd job...so I'm hoping he gets in some trouble for that... so sick him trying to hurt me.


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## 827Aug (Apr 27, 2008)

Thanks for the response. Actually, I would prefer not to file bankruptcy. However, I really don't have much choice at this point. My husband gutted the business. And I just can't handle the current level of stress any longer. I've also got a $220K hospital bill staring me in the face. I'm not familiar with the provisions of a Chapter 7 filing. My attorney says I will be going with either the #11 or #13. I had a feeling it was going to be a disaster when combined with a divorce. Sorry your ex dumped all of that on you.


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## Blonddeee (Dec 17, 2008)

Sorry you are facing this- I don't think many people that are actually forced into bankruptcy want it so I wasn't implying that. Chp 7 is where you just walk away from everything and don't pay anything back... chp 11 and 13 are where you can pick and choose parts (cars,house) to keep and make a payment plan to pay back- so it sounds like that would look better on your credit and you might be able to get rid of the medical bills that way?? I guess your lawyer will know more- did he say it was better to file before or after the divorce was final?  best of luck, hope things get better soon!


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## 827Aug (Apr 27, 2008)

Thanks again Blonddeee. I'm not sure what the timing will be on the divorce/bankruptcy. The business attorney will be getting in contact with the divorce attorney after the holidays. I suspect we won't be in control of the timing on the bankruptcy. It will have to be filed when the foreclosure notice comes in. I'm a little shaky on the details. My brother spoke to the attorney at home. It seems as though all of the legal system shuts down in December.

I'm actually praying for another miracle. Perhaps the divorce lawyer can do something about the embezzling my husband has done. In that case, I'm willing to sign the bank's papers and they will halt the foreclosure. I'm not holding my breath though. 

I thought there would have been others in this situation. Is there anyone else facing bankruptcy/divorce at the same time?


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