Legal Question in Bankruptcy in New York
divorce and chapter 7
I was recently legally separated. Agreement was that upon sale of my home, I will be awarded my half of the pension, alimony, and legal fees, all totalling approximately 75,000.00. If we sell the house now, we would make about 100,000.00 each. He would be getting only 25,ooo.oo. He recently filed for bankruptcy. Both our names are on the mortgage. How will his bankruptcy affect me? I am getting letters stating that I am listed as a creditor. Do I have to worry about my house? Do I have to worry that his pension and alimony obligation being being discharged? Will I need to get an attorney? I am still paying off my divorce attorney and have no money to pay for another attorney. I was recently laid off from work. Your advice would be greatly appreciated.
2 Answers from Attorneys
Re: divorce and chapter 7
sometimes you have to spring for an attorney, even if you can't afford one to protect your $75,000. Bankruptcy can complicate a divorce settlement, but generally the pension and the alimony and legal fees in conjunction with a divorce should not be affected. However, you must look at the separation agreement, and any court orders to be perfectly clear of your rights.
In bankruptcy you have strict timelines to protect your rights.
We would be happy to represent you and wait until the conclusion of the case - to charge you.
If you would like to discuss the matter further, please feel free to contact me.
Re: divorce and chapter 7
sometimes you have to spring for an attorney, even if you can't afford one to protect your $75,000. Bankruptcy can complicate a divorce settlement, but generally the pension and the alimony and legal fees in conjunction with a divorce should not be affected. However, you must look at the separation agreement, and any court orders to be perfectly clear of your rights.
In bankruptcy you have strict timelines to protect your rights.
We would be happy to represent you and wait until the conclusion of the case - to charge you.
If you would like to discuss the matter further, please feel free to contact me.
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