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retmar

Is This True?

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I was in a conversation today with a man who was giving me a line of BULL, I think. He claims he and his ex filed a 13. It was agreed in the divorce each would pay half of amount due at so much a month. He went out to go to work the other morning and his truck was gone. He went to report it stolen and was told it was repo'd. Mind you, he had the title. He was told by the Police that it was the Trustee who did it. They also took all of his money out of his accounts. The reason was that his ex had not made her payments for 3 mths. His only recourse was to pay $3500.00 to reclaim his truck and forfeit all of his money as it was sufficient to pay off the 13. I have never heard of this before as I know for a fact that an old friend of mine did a 13 back in the 80's. He wasn't able to keep up his payments either due to a Medical disaster. All that happened to him was the Trustee dismissed the 13 which put him back at the mercy of the creditors. Have the laws changed? Is this possible? Sounds like a load to me!

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Ouch, just like creditors I just can't see a bankruptcy court honoring a divorce decree --- what is happening, is that a lawyer and the two parties are setting agreements that won't be legally acknowledged by any creditors or already filed court case be it judgement or bankruptcy.

What happens, is that each party is responsible to contact the parties which it affects and further insure that the accounts, or such is solely in the other individuals name if it belongs to the other individual by the divorce decree or such. Bankrutpcy .... to me is a very far stretch!!!

The couple & lawyer could of made such an agreement.... but I don't see no court ever honoring or working with to seperate the responsibilities. And the ex-spouse most likely figured that out and decided to screw him over on the matter.

The only recourse he has is to sur her for breach of contract on the divorce decree and seek legal remedy... but I could just imagine the ear full he is going to hear from a judge for making such a stupid deal. Sorry, that was very bad judgement..... may even call the lawyer to the carpet for that one, I would hope.

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I had left that part out, sorry. He did say the Trustee would not honor the decree. If I understand him right, it was a total of all bills divided in half with no notation of what belongs to who, such as who's name is on what account. I must say this still sounds fishy even though after what you say, it is probable. I say this because the friend I also mentioned had a vehicle that was financed, along with other bills. If I remember right, all the loan company did as to the vehicle was to just basically reinstate the contract and continued as such until paid. There were no penalties or anything. All other bills went back to the OC or the CA. Last I remember he and his wife recovered and cleared everything up in a reasonable time without any judgments. I just don't know and since our system is such a joke in recent years, it is possible for anything, I guess. Thanks for the reply, KB.

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Spouses going through divorce must - make further arrangements individually with each creditor to sever the relationship / reponsibility to the accounts. If they don't - then they are still accountable, the creditor will come after them as their right. No matter what the divorce decree says - because they where not a direct party when the lawyer drew up on of these.

Most times the creditors - still won't let them out of their responsibility... unless it was an account with a zero balance. If a balance remains most of the time - one of the parties to the divorce must refinance / balance transfer / or pay in fulll to get out of the responsibility. They have to put it into an account if refinanced or balance transfered that is solely their own.

Like in the state you are in, both parties are required to send in written notice to the creditor making them aware that they are getting divorced and like the wife would say, "this is his account, please remove me" and the husband writing in also would say, "this is my account, please remove her"... but most likely if a balance is remaining - the creditor requires this to be addressed first before honoring such a request.

The only other recourse is to - sue the offending party in court - to show they broke the written agreement in the divorce decree... but they still have to pay the creditor.

I really would like to knock some divorce lawyers around, cause they don't tell people this - and people find out when it is too late!

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I totally agree with you on the lawyer part. Today, there are so many "lawyers" out there that should not be able to practice. They need to be tarred, feathered, put on a rail, and run out of town. They are an embarrassment to the ones who really care about the law and how it is enforced. And that's the sad part, those who want it done right are always shafted and looked down upon because of the bad ones. I see it all of the time out here in criminal law. When I went to College, my instructors were working Detectives, DA's, Attorneys, Police Officers. The professors were ones who studied everything there was to know. In fact, one of mine was able to cite the whole constitution. It really blew me away. To this day, I still have to pull mine out of the file to remind myself which amendment is which. Either way, then they taught us to "find the truth" no matter what, whereas today, it is get a conviction no matter what. It doesn't matter what you overlook or ignore. And they wonder why we have little respect for our Justice System.

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I they should be required that they go back and take a refresher course to catch up on new things... but most importantly take class on ethics.

Just the idea that they have knowledge / insight and the ability to warn people of potential problems if not properly addressed.

Divorce is bad enough, without years later one finding out that being attached still to the other's finances --- to mistakenly think that the other one destroyed their credit to bring them down with them... is just not the case all the time. Some times it is an honest mistake that neither knew about to prevent from happening. But there are such rare cases... that they do know and it is all out war.

I seen in the news, where doctors are now being required to take courses on learning how to write clearly... because of major accidents resulting from medications being given that where wrong and in some cases causing death to patients. Also some having to go back to learn bedside manners... I know some of these jobs are hard but there needs to be some wake up call that remind them why they are there, why they got into the proffession in the first place & to re-connect with that wanting they once had to make the world a better place.

Police, that is a hard one, they are in the light and they have so much responsibilities to be role models to their peers.. If the government, or each state was to investigate every key job.. locate weaknesses and break downs and come up with the proper remedy to care for those in such jobs.. we would be a better world to look for warning signs and immediately mandate steps to help steer some of the important people back, or have alternate jobs less stressful that still benefits from their knowledge.

I think that very much so for the nursing industry.. especially nursing homes, because people in these jobs, stop remembering that they are taking care of human beings that need to be treated with respect no matter what their deteriations is in health and mind. And if they don't no longer show signs of being able to treat these people with kindness, then they need to be rotated into another job, that can benefit - but yet remove them from harming anyone should they be pushed that far from the stress.

Every job has its breaking point, and there should be something in place that says, ok you need to retire from this area - but go into this other area so you can contribute but in a different way.

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Amen to that! No truer words were ever spoken. If only "The Others" would open their eyes and see reality for what it is.

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Does being responsible on a joint account apply if the spouse never signed anything nor used card even once? The bank that we once did business with automatically made CC joint account although I am the one who signed agreement. Naturally they won't take his name off until CC is PIF, which is impossible.

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I am not a real pro in this particular issue, but, I don't think they can do that legally. Reason being is they cannot produce a signature to prove that he agreed to pay the debt. I would demand proof from them that clearly states he is a responsible party.

Let this thread hang for a couple of days and see if any of the more senior members can offer more fact to your question.

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