[hblair364]

I would like some advice on what what we should do in this situation. me and my wife are going through a divorce and its been going on for 2 years now. We have 3 kids and i have custody of 2 and she has one. she doent work and i give her 1500 dollars a month for child support and maintenence. When we split up i left her the house and the courts based her maintenence on the mortgage payments she stopped paying for the house and they bank proceeded to forclose on the property they tried everythinh to work with her and she refused she just walked away from the property not to mention she had turned in the van that we owned that was in my name so i have all these bills that she created that i could not pay my lawyer suggested that I file bankruptcy So Iam in the process of doing so. Now the mortgage company has frozen my checking and savings account and I cant get my money out. what do i do. I checked with my bankruptcy lawyer who has had my paperwork for bankruptcy since august and still hasent filed on my behalf. I have rent due and no way to access my accounts what will happen will i get my money back? Why was my account frozen and not my ex's account, since she started all this mess by not paying for what she was responsible for. she was told to get a job by the courts and still refuses to get work. My daughter who lives with her is in school all day so she has no excuse except laziness. please help !! I need advice...

[Mr. Knowitall]

How did you get into this position? That is, assuming that you agreed to this arrangement, why did your lawyer advise you to agree to a division of property which would leave your wife with a house and car she apparently could not afford, apparently with no recourse for you (no indemnification clause, no "hold harmless" clause, and no return to court for contempt proceedings) if she defaulted on the remaining joint debt? And if she could afford the house and car, why wasn't she required to refinance?

The finance companies can do what they want to collect a joint debt for a house or car loan - they can go after either or both debtors, but don't have to be fair about who they inconvenience or ultimately get the money from. If they get too much from one debtor, that debtor may be able to make a claim against the other debtor, but that's not the creditor's problem.

For your bankruptcy, you probably want to get it filed and served before they suck your accounts dry.

[hblair364]

Well the long ,short of it is we are not yet divorced we are still going through proceedings the courts keep postponing the court dates, and now my lawyer is ill and we are not sure when we will be able to resume the divorce proceedings, they say after the 1st of the year. At my attorneys advice I filed for bankruptcy but my bankruptcy lawyer seemed to have forgotton about me. I have been reading up on the laws of them being able to freeze my accounts and I heard that I could be granted an exemption for up to 2,000 dollars is this true? I was not told that this would happen I only recieved threatening phone calls at work but never recieved anything in writing that told me they were going to freeze my accounts or that I had a judgement against me.should I have been notified in writing? this whole thing is so frustrating because my ex just seems to be able to walk away from everything with no repercussions. meanwhile i am sinking in debt and she is going on cruises with her boyfreind.