Legal Question in Family Law in Michigan

thinking of divorce and filing bankruptcy at the same time

a)i've been seperated from my spouse since july 2003

b)he currently lives in our home and the mortgage is in my name, another family lives in the house w/him that would provide an income

c)i currently reside with my brother and his wife and i don't believe i will be getting back together with my spouse

d)we have filed for chapter 13 as of oct. 2003, my wages are being garnished monthly since nov. 2003

i don't want to put him out on the streets but i don't want to keep paying on the bankruptcy. is there a way that i could get him to apply for a loan to put the house in his name? or have him and the renters pay on the bankruptcy in place of having my wages garnished? or should i file for chapter 7 and wipe everything out? or is there another course of action that i have overlooked that you might suggest?

anything would be better than being in limbo...any help would be appreciated. thank you


Asked on 3/06/04, 1:20 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: thinking of divorce and filing bankruptcy at the same time

Dirvorce property settlements are kind of technical and every case is a lot different. I would have to know lots more about your situation. You need a good divorce lawyer. The problem is, if you are in Chp. 13, how do you get the extra cash you need to hire the lawyer. The lawyer will need to know when the BK ends. You have lots going on and you need a lawyer to coordinate it all. Bill Stern 248-353-9400

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Answered on 3/06/04, 6:10 pm
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: thinking of divorce and filing bankruptcy at the same time

There is no reason you should be paying for him to live there. Offer to sell him the home, or, simply dismiss the chapter 13 and allow the home to be foreclosed upon. To prevent being hit with a deficiency judgment, it might be best to file Chapter 7. Also, since you have no intentions of getting back together, it would be wise to file for divorce.

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Answered on 3/08/04, 10:05 am


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