Originally posted by hadenough
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Spouse filing for bankruptcy
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I was incorrect when I stated a person has bankruptcy on their record for 14 yrs - 14 yrs is for people going bankrupt the second time. First time bankrupts have it for 7 yrs. Either way it is a very bad decision.
Totally empathize with you right now. It's a tremendous blow to find its over and then get screwed financially.
Keep us posted on how you are doing.
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Originally posted by arabian View PostI was incorrect when I stated a person has bankruptcy on their record for 14 yrs - 14 yrs is for people going bankrupt the second time.
Originally posted by arabian View PostKeep us posted on how you are doing.
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Ask her for a copy of her "statement of affairs" - it will show who she listed as her creditors.
As a 2nd time bankrupt, she will not be eligible for a discharge for 21 months I believe. 1st time is 9 months.
Speak to a trustee first. The one I pm'd you has offices all over. A lawyer is a good idea too, but wait to see what the trustee says. Establish whether or not you can file a notice of opposition and if applicable, a proof of claim. Also ask why in the hell her trustee isn't suggesting a CP (consumer proposal) instead.
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Originally posted by hadenough View PostAsk her for a copy of her "statement of affairs" - it will show who she listed as her creditors.
Originally posted by hadenough View PostAs a 2nd time bankrupt, she will not be eligible for a discharge for 21 months I believe. 1st time is 9 months.
Originally posted by hadenough View PostSpeak to a trustee first. The one I pm'd you has offices all over. A lawyer is a good idea too, but wait to see what the trustee says. Establish whether or not you can file a notice of opposition and if applicable, a proof of claim. Also ask why in the hell her trustee isn't suggesting a CP (consumer proposal) instead.
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^ that is correct ^
Bankruptcy Assignments are Public Record. Don't let her or her douchebag trustee attempt to talk circles around you. Read up some more and they'll know you didn't just fall off the turnip truck. Use "CP" and "PB" instead of their long names. Reference the "BIA" and "OSB" - and a few other industry buzz words.
Personal??? No - public record. Her name will be on the OSB's website once this goes through. It is public record. For the record, your stbx sounds like an asshole, to me.Last edited by hadenough; 03-25-2013, 09:32 AM.
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Originally posted by hadenough View PostSpeak to a trustee first. The one I pm'd you has offices all over.
I have sent a couple follow up questions and I'm waiting for the response to those.
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I and others know what you are going through right now. Hadenough is correct - get up to speed on the BIA.
Trustee will possibly send you a form to fill out to determine if you should be considered an official creditor.
TRUSTEES ARE INCOMPETENT SHARKS. DO NOT TRUST ANYTHING THEY SAY TO YOU.
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Originally posted by arabian View PostI and others know what you are going through right now. Hadenough is correct - get up to speed on the BIA.
Originally posted by arabian View PostTrustee will possibly send you a form to fill out to determine if you should be considered an official creditor.
The only thing I am looking forward to right now is being able to see my kids this weekend. Even though I had to jump through hoops and bend over backwards to be able to be "allowed" to see them .........
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Originally posted by arabian View PostKeep us posted on how you are doing.
I was in touch with her Trustee and I was able to obtain a copy of her bankruptcy filing. Being the helpful person I am, I pointed out how she failed to claim a couple sources of income and that she failed to account for the extra 2 pay periods in a year (which drives up the average monthly income figure) and missed listing a tuition debt (if payed just prior to bankruptcy it is preferential treatment and gets clawed back). The end result will likely extend her bankruptcy 12 months, and will make it very difficult to pursue her studies in the future.
Having been able to find a nice small apartment and start getting settled, I have been fortunate enough to have my kids over at least once a week for a special home cooked supper and time together. They still love Dad's cooking, and I have rediscovered the joy of making a decent meal for people I love to be with. I have been able to walk them to school several times a week too. Obviously the kids are feeling uncertain, as the initial few visits were relatively quiet, but they are really starting to open up and talk, and ask when we can do supper / walk to school again. So far I have been allowed to see them whenever they agree to do so ....... I'm hoping that continues, as my youngest son has indicated he would love to come spend a night (or more) with me. With summer coming on, it is very possible he will want to spend the majority of his time at my place. Just to be clear, the reason he wants to be with me is because we do things together; I am not bribing him. He is not getting that with his mother.
I tried to negotiate things with the STBX, but all she did was take any goodwill gesture and reject the rest. BTW, she is still living in the house ...... now renting it from the new owner. I chose to allow that for the sake of my kids, rather than be a prick and reject it, even if I might have made more money off a different purchaser. So, it looks like I will have to fight, and I will be meeting again with my lawyer next week to discuss things. Unbelievably, she wants me to pay the cost of a separation agreement. Well, it was her decision, so she can pay.
Overall, while there is still a lot of hurt left in me, life is starting to look good again. The good days are outnumbering the bad. The support of friends and family is helping me get through this.
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