Legal Question in Bankruptcy in California

Should I file

I am going through an awful divorce that left me in major debt. I had paid all the house and credit cards pymnts on time and left my husband w/ no job. I was a stay at home mom going to school. I got a job, but he does not pay court ordered child supportor alimony and has not paid on the bills for almost a year now. This divorce is not final after filing in Aug 2003. Now my credit is messed up and we are selling our home that I had court ordered sold because he lived there and let it go into forclosure. We will be making some money off it and he wants to file BK. I need my money to live because he does not pay me and I am rasing our child w/a low income job, but I want my credit rating back up. If I file will I be able to rent a nice aparment? If I see we have enough money to pay off our debt. how long will it take for my credit to go back up? I am just at a loss right now and do not know what to do. And if I file BK can I get student loans? Thanks.


Asked on 6/06/04, 11:31 pm

1 Answer from Attorneys

Shaye Larkin Law Office of Shaye Larkin

Re: Should I file

It sounds like bankruptcy is a good option for you, depending on how much money you expect to get from the sale of your home. There are limits to how much you can protect in bankruptcy, and some of those limits also have time limits as to how long you can protect proceeds from the sale of a home. For more detailed advice, you may email shaye larkin, attorney at [email protected] thankyou

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Answered on 6/07/04, 12:09 am


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