Bankruptcy And Divorce In Texas
can I file bankruptcy in jail and does it matter if i sold my ‘92 truck to my ex-wife 6 days after divorce?
in the divorce decree it states that I am responsible for all debts incurred by my former business and that she is relieved from them. I sold her the truck because I didn’t need it in jail and I owed her money as well for paying my child support current last year. Here’s where it gets confusing, i am in jail in Texas and looking at a felony revocation where I would be spending 2-10 years in prison. Alabama and Mississippi is where most of my debts are and one has even filed small claims three days after I left alabama. I need to act on this fast. Can I do this myself with the correct forms? Which state should I file in? Texas allows you to keep property in which you need for work. But all the divorce decree said that I would be allowed my personal property only and it didn’t stipulate what was personal property. my ex seems to think its just my clothes. Any suggestions would be greatly appreciated.
Relax, you really don’t need to act fast. Don’t do anything yet, a bankruptcy may be completely unnecessary. You have numerous problems which would make it unwise to try and attempt a bankruptcy and probably unnecessary. If in fact you are going to be in prison for the next two to ten years, the statute of limitations on many of your debts may actually expire by the time you get out of prison, making it impossible for your creditors to collect. Also, what are they going to do to you while you are in prison? You won’t have wages that can be garnished. It doesn’t sound like you have much property they could take and if they tried, they would have to fight your ex-wife for it. While your situation is bad, from a debt collection standpoint you are invincible and untouchable.
The idea of bankruptcy is to give you a fresh start, if you have to file, file when you get out of prison, when you can hire a lawyer and when you can go to the creditor’s meeting which you have to attend or your case is dismissed.
You have a bunch of issues that require sound legal advice, if you were to file. The new Bankruptcy Code is filled with potential traps, so don’t try and file on your own. Here is a short list of potential problems I got from your question:
1. Was your ex-wife co-signed or responsible individually for any of your business debt?
2. How much did you get for the sale of the truck?
3. Was the truck transferred in lieu of child support? 4. How was the transfer documented? What did the divorce decree say about the truck?
5. How long have you been in Texas?
6. What personal property do you own?
7. Is your personal property exempt under the applicable law?
Depending on the answers, any of these issues could have a significant impact on your bankruptcy. This is all the more reason for you to simply wait until you get out of prison to file. Hope you can get your fresh start sooner than later.
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