carol Posted March 8, 2005 Report Share Posted March 8, 2005 My son and wife are no longer living together. My son wants to file bankrupcy but his wife said that they both must sign and she will not sign. can my son file with out her? He does not own a home, he rents. He owns a bike and leases his car. Most of the credit cards are in her name. they are not divorced yet. thanks, carol Link to comment Share on other sites More sharing options...
bingo Posted March 8, 2005 Report Share Posted March 8, 2005 Your son may file by himself. He does not need his wife's permission. Keep in mind, court ordered child/spousal support won't be discharged {if that's an issue}. Link to comment Share on other sites More sharing options...
carol Posted March 9, 2005 Author Report Share Posted March 9, 2005 Child support is not a problem. On his own he pays 250$ a week for two children in N.J. His wife is a very clever woman. She is saying every thing to him so he comes back to her. He has been taking pain pills for his back and neck from the doctor and got addicted to them and had to go into rehab. she said that she will make sure that he has supervison visits because of rehab. She will do any thing so the children does not meet his girlfriend. She told me that grandparents rights are 2 hrs. a month. She is filled with lies and my son is listening to her. He is worried about not seeing his boys. I had called the rehab and they said that they cannot give any information out, but his wife will bring it up. What then if the judge will ask him if he was in rehab? He is so stressed out that he will have supervision visits with his boys. When I had called the rehab, she said she doesn't know what questions the judge will ask, and my son must tell the truth. Any help on this matter? thanks so much. carol Link to comment Share on other sites More sharing options...
bingo Posted March 9, 2005 Report Share Posted March 9, 2005 Are you asking about what he'll be asked by a bk trustee?The trustee can ask anything he likes. Your son should tell the truth. Substance abuse has been a contributing factor in many bk filings that were successfully discharged.Most bk lawyers will give a free consultation. Have him speak with a couple and get all of his options explained.Can't help with divorce or child custody issues.In general, here's what most trustees ask:Required Statements and Questions:1. State your name and current address for the record.2. Have you read the Bankruptcy Information Sheet provided by the United States Trustee?3. Did you sign the petition, schedules, statements, and related documents you filed with the court? Did you read the petition, schedules, statements, and related documents before you signed them and is the signature your own?4. Please provide your picture ID and social security number card for review.a. If the documents are in agreement with the petition, a suggested statement for the record is:‘‘I have viewed the original drivers license (or other type of original photo ID) and original social security card (or other original document used for proof) and they match the name and social security number on the petition.’’b. If the documents are not in agreement with the petition,a suggested statement for the record is:‘‘I have viewed the original social security card (or other original document used for proof) and the number is 000-00-000. It does not match the number on the petition. I have instructed the debtor (or debtor’s counsel) to file an amended petition by [date], serve all creditors and the trustee, and send a ’Notice of Correction of Social Security Number in Bankruptcy Filing’ and a copy of the amended petition to the three major credit reporting agencies, and to the UnitedStates Trustee.’’c. When the documents do not match the petition, the trustee shall attempt to ascertain why. The trustee also shall ask if the debtor has ever obtained credit or benefits, such as Medicaid or employment, using this social security number or any other social security number.d. If the debtor did not bring proof of identity and social security number, the trustee needs to determine why.5. Are you personally familiar with the information containedin the petition, schedules, statements and related documents?6. To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?7. Are there any errors or omissions to bring to my, or the court’s, attention at this time?8. Are all of your assets identified on the schedules?9. Have you listed all of your creditors on the schedules?10. Have you previously filed bankruptcy? (If so, the trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.) Link to comment Share on other sites More sharing options...
carol Posted March 10, 2005 Author Report Share Posted March 10, 2005 Thank you for all the help Link to comment Share on other sites More sharing options...
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