Separated in late 2007. Have been fighting out custody/visitation issues in court since then and finally got that resolved a few weeks ago in a JCC ruling -- thank God! STBX was pissed and ended up quitting job and secretly filing for Ch 7 bankruptcy 1 week later -- presumably so I would get stuck with 100% of the marital debt. Live in CA so I'm subject to some pretty screwed up "Community Property" laws. Nice!!! Fortunately, I found out last week and am scrambling around figuring out what to do now. Atty has told me that we can file a Motion to Lift Stay with the bankruptcy court and then proceed with a MSA that will include a provision that a) either spouse is "held harmless" in the event of default on debt or b) msa debts are non-dischargeable. Problem is STBX would NEVER sign an agreement with these provisions now that we know the intent to file bankruptcy.
If the bankruptcy petition goes through I'm screwed -- make too much to file for Ch 7 myself -- Ch 13 monthly payment of $1200+ (all STBX debt) for 5 years would bury me alive. Already struggling to pay attorney bills, $1k month in child support, my bills, housing, etc.
Spoke with one bankruptcy atty that told me to quit my job and then file for 7 in 6 months. Sounds like a pretty stupid option given that I've been on my job for 10+ years, have benefits, support myself/my son on this income, etc.
If anyone has any experience/knowledge of what to do in this situation please let me know.
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