Oregon

[crayiii]

What is the name of your state? OR

I have lived in Oregon for over a year but my wife filed for divorce in Washington a couple of months ago.

My wife's attorney is asking me to pay all of his fees (I don't have an attorney) as well as take all the debt, pay spousal support, etc.

The attorney found out I am preparing to file for CH 7 and suggested to my wife that she file a claim against me after for the debt since they will go after her.

Can I list my wife's attorney and my wife on my bankruptcy even though there isn't an amount yet?

 

[Ladynred]

The divorce lawyer is wrong if he thinks they can go after you for ANY debt once you have the debts discharged in bankruptcy.

If you do file, you need to be sure you include the EX as a creditor. That will completely preclude her from ever coming after you for any debt. If her name is on those accounts, she's going to be legally liable anyway. Creditors don't care what a divorce decree says or who was 'assigned' debt in the divorce, all they know or care about is who's name is on the account.

 

[cyana24]

What is the name of your state? OR
My wife's attorney is asking me to pay all of his fees (I don't have an attorney) as well as take all the debt, pay spousal support, etc.

The attorney found out I am preparing to file for CH 7 and suggested to my wife that she file a claim against me after for the debt since they will go after her.

Can I list my wife's attorney and my wife on my bankruptcy even though there isn't an amount yet?

Some states, including my state (DE) do not allow attorney's fees (divorce) to be discharged. Check your state laws on whether OR allows discharge of divorce attorney's fees. Any spousal support award is not dischargeable. Likely any joint or separate consumer debt is dischargeable under the current bk laws; I'm assuming this will not change in October when the new law is completedly enforced. Be sure to add your ex as a "creditor" or codebtor for any joint debt as LIR advised.