Ex husband and I had to sell home due to divorce. Can I still file CH. 7?

[Anonymous]

My ex-husband and I were court-ordered to sell our marital home as terms of our divorce and split the profits. We both moved out promptly and it sat vacant on the market for quite some time. It finally sold in May of this year and I ended up with about $13K in proceeds which was not nearly enough to put a dent in the $80k of student loans and CC/Medical debt that I have and am alone fully responsible for after the divorce.

Would I still be able to file Ch. 7 or will the house-sale hurt me? 

[Anonymous]

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@Anonymous wrote:

My ex-husband and I were court-ordered to sell our marital home as terms of our divorce and split the profits. We both moved out promptly and it sat vacant on the market for quite some time. It finally sold in May of this year and I ended up with about $13K in proceeds which was not nearly enough to put a dent in the $80k of student loans and CC/Medical debt that I have and am alone fully responsible for after the divorce.

Would I still be able to file Ch. 7 or will the house-sale hurt me? 

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What (if anything) have you done with the $13k?

EDIT: Regardless, this is probably a question for a BK attorney. Consult with a few.  Remember, you'll still be responsible for the student loans.

[Anonymous]

I agree consult with at least 2. 

If you work, you may be able to get referred through your EAP or union. Your school may also have a referral service? Otherwise, good old internet search will do the trick. 

Be sure to look into the types of SL repayment plans available to you (there's one based on % of your income that is supposed to be particularly advantageous depending on your income). Talk with your student loan servicer if that sounds like an option.

Divorce isn't fun, nor medical issues, nor contemplating BK. Hope things look up soon. This place helps a lot. Best of luck. 

[Anonymous]

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@Anonymous wrote:

My ex-husband and I were court-ordered to sell our marital home as terms of our divorce and split the profits. We both moved out promptly and it sat vacant on the market for quite some time. It finally sold in May of this year and I ended up with about $13K in proceeds which was not nearly enough to put a dent in the $80k of student loans and CC/Medical debt that I have and am alone fully responsible for after the divorce.

Would I still be able to file Ch. 7 or will the house-sale hurt me? 

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Most definitely speak with a reputable BK attorney. They will be able to advise on what debts are dischargable(CC's and medical) and what are not (student loans) and based on amounts owed to each type, your income, assets, etc..., if you would qualify for BK7 or BK13. You may need to wait a while to file, they will be able to steer you in the right direction, one way or the other. Be honest and upfront with them. If you do file for BK, everything is looked at, and your $13K from the sale is an asset now. Improper use of that too close to filing can be a really bad thing. An attorney can advise further. Best of luck.