Going through divorce, had to move, stopped paying credit cards

[simicalif]

I've been working on my divorce for some time now, we are finally proceeding, however, in December we were faced with home issues with our room mates so we had to move to an apartment. In order for me to do this, I had to stop paying on my credit cards. The only payments I've continued are my truck loan payment and a joint debt consolidation loan with my wife. Everything else is closed and heading for collections. Once the divorce is final I plan to move in with my sister and mom and I'll be paying them rent. My attorney is making the final changes to the divorce papers and we'll be going in to sign them next month. Then it's all up to the courts how long it will take to finalize. I am concerned about my creditors possibly filing lawsuits against me prior to my divorce being finalized and me being able to file my chapter 7 Bankruptcy. I was hoping for any ideas how long I might have? If the file lawsuits before I file, will my bankruptcy still be able to go through if I file before a final judgement is entered? I have no spoken with my creditors at all, have no answered calls or letters, haven't a clue where they are in their process, but I do know that they haven't sent it to a collection agency yet... would they sue me before sending to a collection agency? Can I file before my divorce is settled? I'm just trying to make sure I do this right. I stopped making the payments to make sure I kept a roof over my daughters head. 

Should I take the credit counseling course before the divorce is finalized? Will that hurt me, or could it help with getting the ball rolling?

I apologize for the format here, I'm just kind of freaked out about it tonight and wondering if I should just proceed as I am or if there's steps I can take to correct my path?

Thanks in advance!

[simicalif]

Also, just to note, we do not own property. We both make good money, but we have so much debt it's been hard to keep up. Now our rent has quadrupled, and something had to give. 

Thank you again

[Lurker22]

you need to talk to your divorce attorney about your situation and your plans to file asap....doesn't matter what's filed first a BK stops all proceedings immediately including your divorce, your BK attorney will need to coordinate with your BK attorney for the best possible outcome (as far as when lenders will file, it really just varies by the lender, most though aren't right away after default)

[Horseshoez]

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@simicalif wrote:

I've been working on my divorce for some time now, we are finally proceeding, however, in December we were faced with home issues with our room mates so we had to move to an apartment. In order for me to do this, I had to stop paying on my credit cards. The only payments I've continued are my truck loan payment and a joint debt consolidation loan with my wife. Everything else is closed and heading for collections. Once the divorce is final I plan to move in with my sister and mom and I'll be paying them rent. My attorney is making the final changes to the divorce papers and we'll be going in to sign them next month. Then it's all up to the courts how long it will take to finalize. I am concerned about my creditors possibly filing lawsuits against me prior to my divorce being finalized and me being able to file my chapter 7 Bankruptcy. I was hoping for any ideas how long I might have? If the file lawsuits before I file, will my bankruptcy still be able to go through if I file before a final judgement is entered? I have no spoken with my creditors at all, have no answered calls or letters, haven't a clue where they are in their process, but I do know that they haven't sent it to a collection agency yet... would they sue me before sending to a collection agency? Can I file before my divorce is settled? I'm just trying to make sure I do this right. I stopped making the payments to make sure I kept a roof over my daughters head. 

Should I take the credit counseling course before the divorce is finalized? Will that hurt me, or could it help with getting the ball rolling?

I apologize for the format here, I'm just kind of freaked out about it tonight and wondering if I should just proceed as I am or if there's steps I can take to correct my path?

Thanks in advance!

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I agree with @Lurker22, as long as a judgement hasn't been issued against you before you file, you'll be good to go.  To that I'll add, I find it highly unlikely they'll sue you before sending you to collections.  In my case I had to stop paying my credit card bills during the fall of 2013 and wasn't able to file until January of 2015; the only suit filed before I filed was for a line of credit, and that got stayed.

Regarding your divorce, my wife and I separated during 2013, she filed for an individual Chapter 7 in January 2014 and as noted above, I filed an individual Chapter 13 a year later; what is stopping you from filing individually now?

[md_rebuild]

It shouldn't affect your divorce at all, I was in a similar situation, and knew I would probably be filing after my divorce.  I was the sole bread-winner and my attorney worked it out with my ex's attorney that I would assume all the debt (which helped smooth over a few other things).   I filed about a year after the divorce was final.

Talk to your divorce attorney first...state laws vary and that could be different than where I live, but unless you have property you're contesting, i don't see how filing would affect it at all.

[Wishaway]

It's important to prioritize your family's needs first. As for your concerns about creditors and bankruptcy, seeking legal advice ASAP could provide clarity on your options. In the meantime, taking a credit counseling course might offer insights and assistance in navigating this process. Remember, you're not alone in this journey.