Solve your debt in 5 days or less!
over the meeting and to be responsible for the liquidation
of assets. With most smaller bankruptcies, only the person
filing and the trustee will attend. The trustee, who is
usually a local attorney, will ask several questions about
the information on the bankruptcy documents. Call and ask
the court clerk what papers you will need to bring (usually
financial statements or sometimes even tax returns). If a
lot of property is involved, especially if it is nonexempt,
property, your creditors may show up to protest any
exemptions. They may also attempt to grill you about your
intent to pay the bill or about lying on your application.
Answer truthfully and there shouldn't be a problem.
If the creditors' attorneys become abusive, demand a hearing
before the bankruptcy judge before the proceeding goes any
further. If the creditors object to any of your exemptions,
they have 30 days after the creditor's meeting to file an
objection with the court. The court will schedule a hearing
and you will be given the opportunity to respond, although
you don't have to. A creditor may also try to claim a debt
as non-dischargeable because of fraudulent acts, a @ or
malicious act, or embezzlement or theft. He can only
accomplish this if he successfully raises the objection
within sixty days of the creditors' meeting. To defend
yourself, you or your attorney will have to file a written
response and be prepared to argue your case in court.
Once all the requirements have been met and your intentions
have been made clear, the court can declare the bankruptcy
discharged. No formal hearing will be held unless you have
chosen to reaffirm your debt in which case the judge will
want to be sure that you understand what you are doing.
After this time, provided the creditors do not raise any
objections, the dischargeable debts are erased.
Picking Up The Pieces
Bankruptcy was once the lowest disgrace that could befall
someone. Today, however, it is commonplace. Corporations
declare bankruptcy to get out of contracts or avoid legal
judgments. Individuals rely on it to protect them from a
society that extends credit too quickly.
Bankruptcy does not mean that you will automatically be
denied all credit for ten years. In fact, many firms look
at bankruptcy as a responsible way of discharging debts when
there is no other way out. Creditors fear bankruptcy, but
they also realize that if they lend to someone who has
declared bankruptcy, they need not worry about another
bankruptcy for seven more years (you can only file once
every seven years). If you happen to have a good
explanation for the bankruptcy, such as medical bills,
divorce, or some other catastrophic event, a creditor may be
willing to overlook it and extend credit. Ask potential
creditors about their policy toward bankruptcies. Their
responses may be surprising.
Divorce and Credit
The credit and money-related problems that can accompany a
divorce used to primarily affect women. However, many men
are now confronting these issues because increasing numbers
of women are pursuing successful careers and starting their
own businesses. Some women are now their family's major
wage earner. This economic clout means that in some
households it is the wife rather than the husband whose
income qualifies a couple for joint credit. It also means
that a growing number of women have the opportunity to begin
their own businesses. If their businesses fail, these women
could create financial problems for their former spouses.
No matter how happy your relationship, it is wise for both
men and women to prepare themselves financially for the
possibility of divorce.
In this chapter I address some of the problems both sexes
are likely to face after divorce, discuss how best to deal
with these problems and tell you what can be done to avoid
them.
If you are contemplating divorce, it is important that you
take certain steps before filing to help minimize any
potential financial damage the change in marital status may
cause, including:
· Make sure you have good credit separate from your spouse.
If you do not, delay your divorce until you can get some
credit and a bank account in your own name. For advice
about building individual credit, read Chapter 7.
· Pay all mutually shared bills and credit card debts from
joint funds. That way you do not risk the possibility of
their becoming your own debt to be paid out of your own
income once you divorce.
· If you already have either joint or individual credit,
obtain a copy of your credit record from each of the big
three and address any problems you may find.
· If some of the accounts in your credit file are joint
accounts with negative histories, and if the adverse
information is the fault of your soon-to-be-former spouse or
the result of circumstances beyond your control, prepare a
written explanation of the reason/s for the negative
information, and ask the credit bureau to make this
explanation a permanent part of your credit history. Doing
so may help disassociate you from the account's problems.
It is also a good idea to attach the same explanation to any
credit applications you complete.
If you have a lawyer or a financial advisor you trust, talk
with them about what you should do to prepare for the change
in your marital status.
Should your spouse file for bankruptcy while you are in the
process of divorce, it is likely that the divorce
proceedings will be stopped until the bankruptcy is
completed. During this time, talk with your lawyer about
how to minimize the impact of your spouse's troubles on your
financial situation.
Accounts
Creditors consider spouses with joint accounts to be equally
liable for those accounts. Because of this, it is very
important that you cancel all joint accounts as soon as
possible. If you do not, you run the risk that you will be
liable for making payments on account balances that your
former spouse ran up and cannot pay. Furthermore, if your
spouse is late making payments on joint accounts or defaults
on those accounts, that adverse information will be
reflected in your credit record as well as in your spouse's
as long as those accounts are open. You may then be faced
|

|