Comments on: Is Husband of a Disabled and Judgment Proof Wife Liable for Her Debts? http://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/ Personal Bankruptcy tips and tricks moderated by Atlanta lawyer Jonathan Ginsberg Tue, 17 Jan 2012 01:57:46 +0000 hourly 1 By: crystalhttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-13832 crystal Mon, 18 Jul 2011 16:35:27 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-13832 i had a judgement placed on me last week. they used my past married name on it. i was married a yr ago and my last name changed and when i got this bill my new husband had nothing to do with it didn't even no we would be getting married. do i have to put his information on the court order financial disclosure--- he he liable? i had a judgement placed on me last week. they used my past married name on it. i was married a yr ago and my last name changed and when i got this bill my new husband had nothing to do with it didn’t even no we would be getting married. do i have to put his information on the court order financial disclosure— he he liable?

]]> By: Jimhttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-10624 Jim Fri, 05 Dec 2008 21:42:44 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-10624 <p>Hi, I live in Michigan, and due to a number of business investments that went bad I am trying to file for a chapter 13. I have about 5 creditors and I have statements from all 4 of them of the amount of debt. There is one creditor with whom I have went through a trial that was finished in July 2008, both lawyers submitted their findings and conlusions and uptill now the judge hasn't issued his opinion. I want to apply to chapter 13 to avoid any collection acts from the other creditors, however, I am waiting for the judgement of the last creditor to be released in order to file, but apparantly the judge hasn't issued it yet.</p> <p>is there a way where I can initiate the chapter 13 with an assumed debt for the 5th creditor and stop the judgement proceedings or I have to wait for the judgement. is there any other solution that I do not know of..please help.</p> Hi, I live in Michigan, and due to a number of business investments that went bad I am trying to file for a chapter 13. I have about 5 creditors and I have statements from all 4 of them of the amount of debt. There is one creditor with whom I have went through a trial that was finished in July 2008, both lawyers submitted their findings and conlusions and uptill now the judge hasn’t issued his opinion. I want to apply to chapter 13 to avoid any collection acts from the other creditors, however, I am waiting for the judgement of the last creditor to be released in order to file, but apparantly the judge hasn’t issued it yet.

is there a way where I can initiate the chapter 13 with an assumed debt for the 5th creditor and stop the judgement proceedings or I have to wait for the judgement. is there any other solution that I do not know of..please help.

]]> By: cynthiahttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-10622 cynthia Thu, 04 Dec 2008 02:37:18 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-10622 <p>credit card company has a judgement against me and it seem as if all a coming know. I am on ssdi I know that they cannot touch that, but how do I pay my mortgage,food and etc. I know they have put a judgement on my house. But I don't plan to move and I own a 1998 dodge statruss that is in fair condition.</p> credit card company has a judgement against me and it seem as if all a coming know. I am on ssdi I know that they cannot touch that, but how do I pay my mortgage,food and etc.
I know they have put a judgement on my house. But I don’t plan to move and I own a 1998 dodge statruss that is in fair condition.

]]> By: jackiehttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9907 jackie Thu, 03 Jul 2008 20:55:38 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9907 i have a judgement against me.im also married. i dont have no asset or accounts with my husband ,can they still go after my husband. i have a judgement against me.im also married. i dont have no asset or accounts with my husband ,can they still go after my husband.

]]> By: Attallah Hodgeshttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9897 Attallah Hodges Tue, 24 Jun 2008 19:15:18 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9897 My sister ran up about $112,000.00 in credit card debt in my name. I decided not to send her to jail or prosecute her. She is making payments of $291.50 a week. I use that to pay off one credit card at a time. I am a disabled person. Disability is my only source of income. I did file a chapter 7 bankruptcy in April 2002; which was discharged. I have a 1990 Ciera Cutlas, no other assets besides the house I live in Which I owe $103,000.00 on and is in disrepair. One of the credit card companies is serving me with a civil lawsuit. What exactly can they take from me? All the credit card debt is none secured. I am trying to pay it with the little income I have; but they keep adding so many fees that my payments are like tear drops in a distant well. Please give me some of your advice as to what is the best thing to do. What happens when someone gets a judgement for a credit card that a disabled person on disability is trying to pay off. Respectfully, Attallah Hodges My sister ran up about $112,000.00 in credit card debt in my name. I decided not to send her to jail or prosecute her. She is making payments of $291.50 a week. I use that to pay off one credit card at a time. I am a disabled person. Disability is my only source of income. I did file a chapter 7 bankruptcy in April 2002; which was discharged. I have a 1990 Ciera Cutlas, no other assets besides the house I live in Which I owe $103,000.00 on and is in disrepair.

One of the credit card companies is serving me with a civil lawsuit. What exactly can they take from me? All the credit card debt is none secured. I am trying to pay it with the little income I have; but they keep adding so many fees that my payments are like tear drops in a distant well. Please give me some of your advice as to what is the best thing to do. What happens when someone gets a judgement for a credit card that a disabled person on disability is trying to pay off.

Respectfully,

Attallah Hodges

]]> By: Jakehttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9889 Jake Fri, 13 Jun 2008 18:34:58 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9889 I feel the same way Jonathan, but this guy just seems to luck out time after time and we the consumer will be the ones who will end up paying. If the large mortgage that he signed for (he was the mortgage holder not a co-signer) was not truthfull on the application would that change things? The son in law was the motgage broker, he is the one who is living in the home that is now in default. I feel that it was fraud but that's only my opinion and if it is I feel that his Social Security benifits should not be protected. I feel the same way Jonathan, but this guy just seems to luck out time after time and we the consumer will be the ones who will end up paying. If the large mortgage that he signed for (he was the mortgage holder not a co-signer) was not truthfull on the application would that change things? The son in law was the motgage broker, he is the one who is living in the home that is now in default. I feel that it was fraud but that’s only my opinion and if it is I feel that his Social Security benifits should not be protected.

]]> By: Jonathanhttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9883 Jonathan Thu, 05 Jun 2008 20:55:10 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9883 Jake, your friend being on Social Security does not excuse him from legal responsibility for his debts. Social Security benefits are exempt from garnishment (with a couple of exceptions) so any credit card lender or the mortgage company cannot seize his Social Security check. His pension may or may not be exempt from garnishment - you would need to look at state law on this issue. Congress decided to protect Social Security money, I suppose, because recipients often have no other source of money. However, no one should look at this protection as a justification for intentionally defrauding creditors. Jake, your friend being on Social Security does not excuse him from legal responsibility for his debts. Social Security benefits are exempt from garnishment (with a couple of exceptions) so any credit card lender or the mortgage company cannot seize his Social Security check. His pension may or may not be exempt from garnishment – you would need to look at state law on this issue. Congress decided to protect Social Security money, I suppose, because recipients often have no other source of money. However, no one should look at this protection as a justification for intentionally defrauding creditors.

]]> By: Jakehttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9882 Jake Thu, 05 Jun 2008 20:46:44 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9882 My friend has about $8,000 in debts and co signed for a very expensive home. He pays his own mortgage but now the home he co signed for is in foreclosure. Last month he started collecting Social Security benifits plus he has a small pension and no savings. Will he be held responsible for these debts being they were acquired prior to SSI or he will be excused since he is on SSI now? My friend has about $8,000 in debts and co signed for a very expensive home. He pays his own mortgage but now the home he co signed for is in foreclosure. Last month he started collecting Social Security benifits plus he has a small pension and no savings. Will he be held responsible for these debts being they were acquired prior to SSI or he will be excused since he is on SSI now?

]]> By: Paulhttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9860 Paul Wed, 28 May 2008 16:51:15 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9860 Is there any precedent for stopping a bankruptcy discharge because you have an unpaid judgment? Is there any precedent for stopping a bankruptcy discharge because you have an unpaid judgment?

]]> By: Jonathanhttp://www.thebklawyer.com/thebkblog/2007/03/14/is-husband-of-a-disabled-and-judgment-proof-wife-liable-for-her-debts/#comment-9841 Jonathan Tue, 20 May 2008 02:45:47 +0000 http://host.jonathanginsberg.com/~thebklaw/thebkblog/?p=120#comment-9841 I'm not sure that your ex-husband can waive his right to file bankruptcy. However, if he did, you could certainly argue that he explicitly agreed that a civil judgment creditor's debt would be non-dischargeable. You could also argue that his agreement to pay this debt is in the nature of a marital debt that is not dischargeable. I would recommend that you speak with a bankruptcy lawyer in your jurisdiction for some guidance as to how the bankruptcy court and the state court would treat your husband's agreement not to file. I’m not sure that your ex-husband can waive his right to file bankruptcy. However, if he did, you could certainly argue that he explicitly agreed that a civil judgment creditor’s debt would be non-dischargeable.

You could also argue that his agreement to pay this debt is in the nature of a marital debt that is not dischargeable.

I would recommend that you speak with a bankruptcy lawyer in your jurisdiction for some guidance as to how the bankruptcy court and the state court would treat your husband’s agreement not to file.

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