Legal Question in Bankruptcy in Indiana

Re: Divorced mate won't remove name from property

When you file for bankruptcy protection, you must list all creditors to whom you owe money.

However, you can reaffirm (and keep) the things you want, such as your current car loan or home.

If you do not reaffirm the debts that you have jointly with your ex, then HE becomes solely responsible for those debts. You are then off the hook on those.

Your filing won't necessarily force him into bankruptcy unless he cannot pay those debts.

Sounds like he was ordered to by the divorce court, though, so that he probably COULD pay the debts but is choosing not to.

Here's some basic information about bankruptcy in Indiana:

In Indiana, you can file jointly, as a married couple, or separately. Assets that you are allowed to keep: $7,500 in home equity (double that, if filing jointly) $4,000 in personal property, which includes equity in your vehicle(s) (double that, if filing jointly).

Items that you cannot get discharged in a Chapter 7 bankruptcy include student loans, child support, maintenance to a former spouse, most taxes or damages from an intentional crime.

Pretty much everything else is fair game for discharge. The most common reasons that people file for bankruptcy protection are: 1. Job loss/business closure or downsizing. 2. Major uninsured medical bills. 3. Divorce.

There is no limit to the amount of bills or debts that you can get discharged.

You just have to show that your income vs. your bills won't provide you with a way to make meaningful progress on paying off your debts.

The whole process from filing to discharge takes about four and a half months.

I hope this information is useful to you.

Re: Divorced mate won't remove name from property

When you file bankruptcy, you cant pick and choose which creditors you schedule-you have to list everyone you owe although you can reaffirm secured debts where you wish to keep the collateral pledged on certain loans.

If you file, the creditors that your ex also owes will go after him so if he cant pay, bankruptcy may be his only option. If he files it may or may not affect his farming operation with his parrents depending on how the farm is legally titled etc.

Bankruptcy consultations are free so I urge you to get some advice so you understand all your options as soon as possible