Question: I need to file bankruptcy because my husband spent all our money cheating on me. He was with other women and I caught him making appointments with massage parlors and spas in Atlanta and near our house in Dunwoody. It's like he's addicted to prostitutes. He would circle advertisements in Creative Loafing Atlanta and in Mundo Hispanico for girls, usually Latinas and Asians.
So he didn't pay credit cards bills from Georgia's Own Credit Union and the Bank of North Georgia. And I think my car is going to get repossessed by our car dealer in Alpharetta. We're definitely getting a divorce because I can't take it and he has neglected the kids' school work and sports for at least two years. The kids attend a private school. He has loans he's not paying on and he sometimes he does payday loans and title pawn. His parents who live in Buckhead sometimes loan us money.
If I file bankruptcy can I get out from under all the debt? Even if we get divorced can I still file bankruptcy since I co-signed for a lot of the debt? And can he get rid of child support that he's going to be ordered to pay by the court to pay me if he files bankruptcy?
Answer: By filing bankruptcy you should be able to discharge your debt obligations. We would need to determine if you can file a Chapter 7 bankruptcy or if you would file a Chapter 13. We do a financial assessment to determine which chapter you can file under. Even if you get divorced you can file bankruptcy for the debt accumulated when you were married. In fact, that frequently happens. As for child support, that cannot be discharged in bankruptcy. So even if he files bankruptcy, he will still be obligated to pay child support. The only way to modify the payment of child support is through the judicial system. He would have to petition for a child support modification.
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