Aparantly, BM didn't get enough drama this week
karatechrissy
member
Yes, we are in a tangled web, I know... but here goes.
SO BM went to finally file for her bankruptcy (meanwhile, DH had to file a YEAR ago, to get HER creditors off HIS back because she drove her business into the ground and decided to just stop paying rent on her studio space. They went after DH (because they couldn't find her) because his name was on the lease (even though in the CO it states she is responsible for all finances having to deal with that business) and he was being sued. Ergo, bankruptcy on his credit at not even 23 years old yet. *sigh*
Anyway, BM went to file her bankruptcy. DH's ex-BIL's car is in DH and BM's name. (Yes, more cars in other peoples names, I know don't get me started). and BM called her brother (the same one that she hasn't spoken to in over a month) screaming and yelling telling him she can't file her BK because his car is $750 in the rears.
So, since credit union won't tell him anything because his name is not on the car, he calls my DH and tells him that he is in fact current on the car and asked him to look into it. Because BM refused to call the bank. (wouldn't you think that if it were you trying to get your BK filed, and you were one of 2 people that could call on it, you would be calling the bank ASAP?). So DH calls, and they say it's current. It's been current, and has never been that much behind. DH tells him sorry he doesn't know what she's talking about.
When you file BK isn't the reason you do it because you have s*it not paid?? What lawyer wouldn't let her file BK because a car is behind? Secondly, if the bank says there's never been a problem and the car is in good standing, what are they talking about?? Do you think she's making it up? There is no explanation for this, we're all baffled. I'm not well versed on how BK's work or anything, I could be totally wrong, but it's no where on DH's credit, the bank says it's fine, I'm SO confused. I'm waiting for the phone call to DH next. I knew it couldn't be calm waters for a week straight without SOMETHING popping up.
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"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
Re: Aparantly, BM didn't get enough drama this week
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No advice either...
but if she already screwed your DH with all this bankrupcy crap, I hope that he doesnt help her now... Let her suffer and figure it out. It isnt your DH's problem anymore (since his credit/etc is already in the crapper)
He only called the credit union for exBIL, because credit union wouldn't tell him anything about the account. They are on good terms. We're on good terms with her whole family except her and her DH!
I think my annoyance is 1) she got away with running for so long without have to file for BK and DH had meer weeks to get it done or there was going to be a judgement against him and 2) she can't seem to handle anything like an adult. She called her dad screaming at him last week because HE didn't file for HER unemployment yet.
For someone who in every conversation calls herself an 'adult' it just doesn't seem to me like she handles anything that way.
I know this doesn't directly effect me, I'm just annoyed. Thx for letting me vent. gggrrrrrr
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"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
Okay, this is my limited knowledge of BK's. Not always do you file because stuff is not paid. Sometimes you file bc if you don't things won't be paid, and it is a preventative measure. It should not be used like this, but it is.
As for the car, that is a seriously sticky situation. If in fact it is in her name (and I am assuming it was on your H's credit when he filled BK last year) it will likely be required that the car be sold or given to the bank.
What BM and your DH did, by buying the car in their names for her brother is called a straw purchase and is illegal. And this would be one of the reasons that it is illegal. I do not know the reprocusions of that, if there are any at all, but I do know that it is illegal.
Chances are there is some confusion in regards to the car. I seriously doubt that it has anything to do with her filing, and yes, she is making something up. But as I said before, the car might have to go bye-byes as part of the BK, which would suck for the brother, but that is the way the cookie crumbles.
What a HOT mess.
Without knowing the entire story, this could be a shot in the dark, but I think it sounds like your H made a huge mistake by filing a BK in the first place. If he had legal documentation stating that he was in fact not responsible for those bills/accounts, then the lawyer should have told him to let the judgements be filled. Judgements can be removed from your credit report with minimal effort once the account has been taken care of-which would have meant her either paying or filing BK. A BK is there for 7 years no matter what, and can effects that last longer than that.
And if those judgements came to a point that he was summons to court, which is fairly rare unless it is a mortgage or rent, having legal documentation proving that she was in fact responsible for those accounts should have been enough to keep him off the hook. Creditors will not tell you that and collection agencies surely won't but if in the CO she was ordered to pay them, there is not much that they can do.
and update: DH just called to tell me that bank just called his mom. BM is voluntarily having HER car (the one in BM and DH's mom's name) reposessed today. Good grief! Can I switch places with someone who has a normal life for a couple weeks? Just a couple... lol
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"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
When you purchase a car, part of the contract with the bank is that it is for the use of the person/persons on the contract. It is expected that household members may use said car, such as kids, but it is not meant to be hey I will let someone else take it and take over the payments.
(i work in car finance btw-just so you know I am not talking out my hiney! and that certainly does not make me an expert, but you KWIM)
Gotcha. No no, I didn't think you were talkin out your hiney lol. I don't know anything about loans or laws like that or anything, so thank you for the insight! We dont' have posession of the car so I hope it works out for exBIL, but it's not really to do with us anymore. Just hope DH doesn't get in trouble for that. As I'm sure he has no clue it's illegal either. (well, he might, but he's never indicated knowing that, when he explained the situation to me he said it as if this is something tha tpeople do every day lol)
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"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
I doubt he would get in trouble. I have yet to see anyone get in trouble for that.
Your poor MIL though. That sucks that BM is letting her car be repo'd. Blows. People with poor money management skills make me nuts.
Ya it sucks, becuase MIL's credit is impecable. BUT, we were sort of expecting it. MIL gave us the go ahead on the CS thing we are doing. We discussed it with her because we knew that there was a chance that after all was said and done, she wouldn't pay her car pmt... and MIL told us just to do it and she would take the ding in her credit. So, that is one blessing in disguise. It still sucks though and I feel really bad for her.
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"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
I know this doesn't directly effect me, I'm just annoyed. Thx for letting me vent. gggrrrrrr
Don't worry about it
that's what I love about this board - we can all vent (regardless of if it affects us or not) and we have support. Vent away sister - we're here to listen and help you not commit murder 
haha
WRT the BK, in most (if not all) states it is not relevant what the divorce decree states about who is responsible for what debt. If his name was on the lease, he is responsible regardless whether the divorce decree states she takes full responsibility. The lease is a separate contract not bound by family court law (lack of jurisdiction.) What would have had to happen is he would have paid the debt (to maintain his credit score) and then gone after her (sued her) for the money he paid toward the lease that he wasn't supposed to pay.
The current situation with her lease is that the landlords can come after her for the entire amount due but they also have what is called a "duty to mitigate" or to make her damages as minimal as possible, by renting out the space as quickly as possible. In that case, she would pay the rent for the time period that the studio was vacant rather than having to pay the entire remaining balance of the lease. The landlord isn't supposed to be able to collect full terms and then additional rent for the same space that he'd received payment from an earlier contract (hers.)
Currently Reading: Don Quixote by Miguel De Cervantes
You beat me to it!
psst....I think you mean in arrears.
Don't you mean MEER-ly up the rears?