By Emma G. FitzsimmonsHelen Ochisor drove the yellow taxi in the morning. Her husband Nicanor took it in the afternoon.They rarely saw each other during the week. She was asleep when he got home after a long night of driving. They exchanged a quick hello while handing off the taxi.Immigrants from Romania, the couple had bought their New York City taxi medallion nearly three decades ago. Lately, it had been difficult to find fares. Her husband worked 12-hour shifts, but brought home less money. He was worried about the plunging value of their once-lucrative medallion and frustrated about Uber’s takeover of the industry.On a cold day in March, Mr. Ochisor hanged himself in his garage in Queens. His family blames the growing hopelessness he felt over his fortunes as a taxi driver.“It depressed him, it irritated him, it probably angered him — maybe all three,” his son Gabriel Ochisor said in an interview at the family’s home. “It was definitely a factor. Otherwise, we can’t piece together any other factor.”“We have a 7-month-old over there,” he said pointing to his infant son — his father’s first grandchild, who lived upstairs. “Why would you want to leave?"Nicanor Ochisor, 64, was one of four professional drivers to take their lives in the last five months. Another driver, Doug Schifter, killed himself with a shotgun in front of City Hall in February after sharing a Facebook post about the financial turmoil he was facing.Suicide is a deeply intimate decision, and there is no way to know for certain what confluence of factors might lead someone to make such a choice. But the recent series of deaths has drawn attention to the economic desperation that many taxi and livery drivers are grappling with, and has renewed calls to rein in Uber and other ride-hailing services.After Mayor Bill de Blasio suffered a bruising political defeat when he tried — unsuccessfully — to cap Uber in 2015, there has been a growing sense that something has to be done. In a first step, the City Council held a hearing on Monday for several bills that could change the rules for car service apps.Mr. de Blasio has said he may try again to limit the number of for-hire vehicles.“I think the caps are the kind of thing we need to talk about again,” Mr. de Blasio said in a recent radio interview, “because the situation has gotten worse since then, both in terms of the pressure that’s been put on the medallion owners, everyday taxi drivers, but also because of congestion.”Uber has transformed how Americans get around and has upended the transportation network in community after community. In New York City — Uber’s largest United States market — the app has siphoned commuters from the sputtering subway and bus system, but more significantly it has all but vanquished the iconic yellow cab, plunging it into an existential crisis.Taxi medallions that once sold for more than $1 million now go for as low as $175,000. More than 60,000 black cars are tied to Uber, dwarfing yellow taxis, which are capped by city law at about 13,587. Last year, Uber trips eclipsed yellow taxi rides for the first time.Uber is the biggest player, with about 410,000 trips per day in February, but Lyft and Via, two other ride-hailing apps, have made inroads. (Lyft provided about 112,000 trips per day in February, and Via about 33,000, according to the city’s taxi commission.) The influx of vehicles has contributed to gridlock on the streets of Manhattan, where traffic has slowed to a crawl and city buses travel at just 5.7 miles per hour on average.In 2015, Uber launched an aggressive campaign against the city’s proposed cap, with television advertisements criticizing Mr. de Blasio, and an app feature, known as “de Blasio view,” that showed long wait times for a ride if the cap were approved. But this time Uber might be a less formidable foe. The company has struggled with a series of scandals over its workplace culture and aggressive tactics, leading to the resignation of its chief executive and founder last year.Other cities have tried to corral Uber, including London — its largest European market — where Uber lost its license to operate last year. After Austin imposed strict regulations, Uber left the city, though the app returned last year when Texas passed new rules.Austin Finan, a spokesman for Mr. de Blasio, said new regulations on for-hire vehicles were back in the conversation.“The mayor has been clear about the need to re-evaluate our options in the face of explosive growth we’re seeing in the industry,” Mr. Finan said in a statement.Councilman Stephen Levin, a Democrat who represents Brooklyn and has sponsored a bill to restrict the number of for-hire vehicles, believes a cap would have a better chance this time.“New Yorkers see the congestion issue much more apparently — it’s clear now,” Mr. Levin said. “I also think empirically we’re seeing it’s much harder to make a living driving a cab.”But Alix Anfang, a spokeswoman for Uber, defended Uber’s growth in New York, arguing that drivers keep up with a demand in the boroughs outside Manhattan for a reliable transportation option.“Capping the number of Ubers would only hurt the millions of outer borough riders who have long been ignored by yellow taxis and who don’t have access to reliable public transit,” Ms. Anfang said.Less than two weeks after his father’s death, Gabriel Ochisor stood outside City Hall at a protest calling on Mr. de Blasio to strengthen regulations. Four coffins were covered in white flowers, one for each driver.His father had attended a taxi protest at City Hall shortly before his death. It was unusual for him. He was quiet. He usually didn’t go to protests.“He was mad at the politicians,” said Gabriel, the couple’s only child. “He was mad at Silicon Valley and all these big shots that have billions of dollars. You’re trampling over the little guys that invested in something and wanted to have some exclusivity, as they were told when they bought the medallion.”On a recent afternoon, the family prepared to host a special meal to mark 40 days since his death. They created a fund-raising website to help pay off the balance on the taxi medallion, which Mr. Ochisor had borrowed money against, so that his wife can retire.Helen and Nicanor met at an electronics factory in Romania. They married and moved to New York, purchasing the medallion for $180,000 in 1989. As its value rose, hitting a record of $1.05 million in 2013, they hoped it would fund their retirement.But the price of a medallion has dropped dramatically with the rise of ride-hailing apps. The city has not held an auction since 2014 because of fears that the medallions would not sell for a good price, and owners who sell medallions privately have not commanded large sums.When Helen Ochisor drives the taxi in Manhattan during the morning, business is virtually nonexistent.“After 10 o’clock, I cannot pick up nobody,” Ms. Ochisor said. “For one hour or two hours, I was going downtown, uptown, and nothing.”Mr. Ochisor had also worried about having to buy a new wheelchair-accessible vehicle — part of a city mandate — that would be cumbersome for the older couple. He did still enjoy parts of the job: talking to customers and playing backgammon with other drivers in a parking lot at Kennedy International Airport, where he waited before picking up passengers.The family has not found a suicide note.“We checked up and down, left and right,” Gabriel said. “Computers, phones.”“I didn’t find anything yet,” Ms. Ochisor said.Gabriel Ochisor wants the problems that troubled his father to be addressed. He has sent letters to Mr. de Blasio and to a list of other elected officials, pleading for them to level the playing field between taxi and Uber drivers. He met recently with Meera Joshi, the city’s taxi commissioner, but has not heard from the mayor’s office.In a statement, Ms. Joshi said she admired “his resolve to make his father’s situation, concerns and beliefs heard.”Bhairavi Desai, the executive director of the New York Taxi Workers Alliance, a group that represents drivers, said Mr. Ochisor’s death had brought a sense of urgency to their campaign for new regulations. A fee on for-hire vehicle trips in Manhattan, which was recently passed by state lawmakers to raise money for public transit, is another devastating financial setback, she said.The taxi group is now focused on pressuring the City Council to pass new rules and watching for signs of depression among drivers to prevent further deaths.“Right now, there is a sense of, ‘We’re not going to let our friend’s death go in vain,’” Ms. Desai said.Still, it is easy to see how Uber has found a foothold in New York City. The Ochisor family lives in the Maspeth neighborhood of Queens, far from the nearest subway line. A reporter visiting the home asked for advice about the quickest way back to Manhattan.Gabriel Ochisor had to admit that the best option was Uber.Copyright 2018 The New York Times Company.  All rights reserved.

After Bankruptcy, check your credit score Most people have a credit score of about 620 a couple months after bankruptcy.  That’s from a study by the Philadelphia Federal Reserve Bank. a few years ago.  (I saved the complete study here.)  And here’s the full size  Chart that shows how scores recover.   What’s your after bankruptcy […] The post After Bankruptcy, check your credit score by Robert Weed appeared first on Robert Weed.

Everyone is required to bring their social security card to their bankruptcy hearing. And a lot of people have lost theirs over the years.   Virginia was recently added to the states where you can use your drivers license and apply on the internet to get a replacement card sent to you.   You don’t […] The post For your bankruptcy hearing, you’ll need your Social Security Card by Robert Weed appeared first on Robert Weed.

  In In re: NYESHA D. HARTSON & CHARLES J. WILLIAMS, Debtors. RICHARD A. BAUMGART, CHAPTER 7 TRUSTEE, Plaintiff, v. NYESHA D. HARTSON & CHARLES J. WILLIAMS, Defendants., No. 17-10905, 2018 WL 1887326, (Bankr. N.D. Ohio Apr. 18, 2018) the Court denied the debtor's discharge under §727(a)(6)(A) for failing to produce certain documents at a 2004 examination set by the chapter 7 trustee.  The order granting the trustee's motion for 2004 examination required the debtors to produce copies of their 2016 state income tax return, titles to all scheduled vehicles, a copy of the unscheduled life insurance policy, and a printout of all activity for the unscheduled NetSpend account for 1 January 2017 through 12 June 2017.  The examination was scheduled for 12 June 2017, but the debtors did not appear, and did not produce any documents.  The trustee then filed an adversary to deny the discharge under §727(a)(6)(A) for refusal to obey a lawful order of the Court.  The debtors filed an answer stating that they may have believed the examination would be changed to a later date but also admitted the documents were not produced.  Section 727(a)(6) provides that the court shall grant the debtor a discharge, unless the debtor has refused, in the case - to obey any lawful order of the court, other than an order to respond to a material question or to testify...   Courts are split on the level of intent required to deny the discharge under this provision.  Some courts have found that the word 'refused' requires a showing that the debtor willfully and intentionally refused to obey the court's order.    See Smith v. Jordan (In re Jordan), 521 F.3d 430, 434 (4th Cir. 2008); Concannon v. Constantini (In re Constantini), 201 B.R. 312, 316 (Bankr. M.D. Fla. 1996).  Instead, the court followed the alternative line of cases finding §727(a)(6) to be similar to a charge of civil contempt, negating the intent requirement.   Hazlett v. Gorshe (In re Gorshe), 269 B.R. 744, 746 (Bankr. S.D. Ohio 2001).  Congress could have included a willfulness or intent standard in §727(a)(6) such as it did under §727(a)(2), but declined to do so.  The only requirements under this standard is the moving party must establish (1) the alleged contemnor had knowledge of the order he is said to have violated, (2) he did in fact violate such order, and (3) the order violated must have been specific and definite.  Glover v. Johnson, 138 F.3d 229, 244 (6th Cir. 1998).  Once this is established, the debtors have an obligation to explain their noncompliance.  Impossibility or inability to comply would be valid defenses, when supported by evidence showing that all reasonable efforts to comply have been undertaken.  Hunter v. Magack (In re Magack), 247 B.R. 406, 410-11 (Bankr. N.D. Ohio 1999). The Court found that the debtor's assertion that they had a good faith belief that the examination would be continued as not a valid defense, thus the Court granted the trustee's motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Michael Barnett www.hillsboroughbankruptcy.com  

Suffering from a permanent or continuous physical injury can be devastating.  Not only do you need to deal with potentially time-consuming and painful medical expenses, but you still need to deal with many of the rigors of day-to-day life.  Claiming benefits through Social Security Disability (SSD) can help alleviate some of the stress of not being able to work by providing you with ongoing benefits to support yourself and your family.  But when should you apply for these benefits?  What is the best time to start filing your disability claim?  The Pennsylvania and New Jersey disability attorneys at Young, Marr, and Associates may be able to help. When Should I Apply for Social Security Disability in PA and NJ? In most cases, you should apply for disability as soon as possible.  Disability is something that you can only receive if your condition makes it too difficult to work, and the Social Security Administration (SSA) may closely scrutinize your case.  That means that if there is any delay where you did not apply, it may seem to the SSA that your case is not urgent or that you were not truly in need of disability benefits. When you apply for Social Security Disability, you may face some wait times.  First, there is time for the paperwork to reach review.  After that, there may be time for the SSA to review your application, during which time they may ask for additional paperwork from your doctor or may even request a medical exam from their own physicians.  After reviewing your application, it can still take some time for the SSA to accept your application.  In some cases, you may even be denied disability, and it takes time to appeal your disability claims and fight to get you the benefits you need. You may ultimately be entitled to retroactive benefits and back benefits, depending on how you apply for SSD benefits.  In most cases, SSD can pay back benefits that reach all the way back to your application date.  This means that the earlier you get your application in, the more time you can receive benefits for.  In some cases, you may even be entitled to retroactive benefits, which date back to the first day you were disabled.  In these cases, the date you apply might not be as important – but you still cannot begin receiving benefits until your application is approved, so act quickly. In many cases, applying for disability is a huge burden.  The expectation is that your condition makes it impossible to perform work-related tasks, yet you may still be required to work through packets of difficult paperwork.  Talk to a disability attorney for help on your application. When Do I Qualify for Disability? One important factor to consider in timing your disability application is that you should not apply until you actually qualify for disability.  In some cases, your condition or illness may be building over the years.  Even if you have a qualifying condition, your condition may not yet be sufficiently “severe” to qualify you for benefits. To qualify for SSD, your condition must be sufficiently “severe” by the SSA’s definition.  The SSA defines a severe condition as one that “interfere[s] with basic work-related activities.”  This can include both physically-demanding work activities as well as work activities that demand mental focus or concentration.  If your condition is severe enough to prevent you from being able to work, it may be time to seek disability benefits. Unlike other programs, Social Security Disability does not provide benefits for short-term disabilities.  Instead, the Social Security Administration’s rules actually assume that you have other ways to provide for yourself for short-term disabilities, such as through private insurance, personal investments, or state workers’ compensation benefits.  This means that the SSA will hold strictly to its rules, and it will not pay benefits until you fully qualify for disability.  Take this into account when timing your application. Should I Talk to a Lawyer Before Applying for SSD? Applying for Social Security Disability may be a long process, and having someone with experience may ease your application process.  Talking to an attorney about your application before submitting it can help you ensure that your application is accurate and strong before submitting it.  If your application is accepted on the first try, there is no need to appeal the SSA’s decisions or worry about having your application denied. Especially if your condition is not listed in the SSA’s list of qualifying conditions, you may need help submitting your application.  A social security disability lawyer can help guide you through the application process. PA and NJ Disability Lawyers Offering Free Consultations If you or a loved one suffered from a condition that might qualify them for Social Security Disability, talk to an attorney right away.  The Pennsylvania and New Jersey disability lawyers at Young, Marr, and Associates represent people applying for disability throughout PA and NJ.  For a free consultation on your case, contact our law offices today at (215) 701-6519 in PA and (609) 755-3115 in NJ. The post When is the Best Time to File for Social Security Disability Benefits? appeared first on .

Recently, a potential client reached out in distress. Just before Christmas, he lost his job and lucrative income, and wanted to know if he should immediately file for bankruptcy protection. It is not uncommon for a person, who has suffered a major financial setback, to look at bankruptcy as a solution. However, while you may feel it is necessary to start the process quickly, each situation needs to be looked at individually. There is no single answer that works for everyone. With the specific person mentioned above, he was making good money, but has little in the way of savings and investments. Like many Americans, despite being able to pay all his bills, this individual was virtually living paycheck to paycheck. Worse yet, the layoff came right at the holidays. This potential client now faces using credit cards and cash advances to keep him and his family afloat. It seems only logical to consider bankruptcy. Don’t you agree? Nonetheless, this is the time when one should pause and evaluate the situation. With a Chapter 7 bankruptcy, you must pass a means test. While you may think that having no source of income means something, it may have little impact in passing the means test. Essentially, you need to look at your income over the last six months. If the income before is greater than the state median income, then you may not pass the means test. If you wait just a few months, allowing your average income to go down, it will make things easier. While income is a prime factor in determining if you should file, it is not the only factor. For instance, if you have a pending foreclosure or lawsuit, you may not have the luxury of waiting. You will want to discuss your unique situation with a qualified bankruptcy attorney. What haven’t we covered yet that is important to you? If you have lost your job and are considering bankruptcy, or need more information, please contact us. The post I Just Lost My Job. Should I File for Bankruptcy? appeared first on Chris Wesner Law Office.

Bankruptcy in Springfield, Ohio can be a bit more demanding and strenuous than in other areas of the county because the state grants fewer exemptions. Regardless of this fact, Ohio’s bankruptcy rate is the eighth-highest in the United States. When filing, you have two options. A Chapter 7 (or Straight) Bankruptcy can absolve you of all debt, while a Chapter 13 (personal reorganization) will mandate monthly payments, for a set period, to the court. In this instance, the court will distribute funds to your creditors, but typically only up to a certain portion. After a defined period of payments, creditors are required to consider the balance paid.  When filing bankruptcy in Troy, Ohio, in order to begin the process, you will need a list of your creditors and a copy of your credit report. You will also need to work with a credit counselor within six months of filing bankruptcy in Ohio. Moreover, be prepared to provide at least six months of income and expense documents. The court uses this information to determine the type of bankruptcy you qualify for. Finally, create a comprehensive list of all your assets: home, car, investments. Some items are considered exceptions, and you will need to consult with a Troy, Ohio bankruptcy attorney. Your bankruptcy attorney will ensure the paperwork is properly filled out and filed with the court. While having an attorney will cost you money, they provide the peace of mind that your bankruptcy is done correctly. In many cases, if you have the ability to pay $10,000 or more, over the next five years, then the court will require a Chapter 13. This means your debts will not be discharged, and you will need to repay at least some of your debt. It is the court that will decide the percentage you will pay to each creditor. The court will tell you how much you owe and garnish your wages, then distribute that money accordingly. What haven’t we covered yet that is important to you? If you would like to talk about how to file bankruptcy in Troy, Ohio, or need more information, please contact us. The post Discover How to File Bankruptcy in Springfield, Ohio appeared first on Chris Wesner Law Office.

Sometimes a person’s finances get out of control and they soon find themselves in a position where they can no longer afford to pay their debts. Bad things happen to good people all the time. Considering bankruptcy as a means to get relief is a possible alternative. Having a Springfield, Ohio bankruptcy attorney on your side should be your first step. Chapter 7 bankruptcy was designed for individuals as a means to get relief from creditors. While there are many reasons why a person might consider the bankruptcy option, most likely it is no fault of their own. People lose their jobs or get divorced or run into some other kind of financial problem that they can’t seem to find their way out of. Turning to a qualified bankruptcy lawyer is the first step to ending the constant barrage of calls and letters from the creditors’ collection efforts. If you are under the threat of lawsuits and harassed daily by creditors attempting to collect money that you simply don’t have, you might be the right candidate for chapter 7 bankruptcy. Remember that bankruptcy is an extreme remedy to financial problems. Making financial arrangements with creditors is always the best method. Sometimes, however, this just isn’t possible. Once a bankruptcy has been filed, it’s possible that all individual debts are discharged and you are no longer be responsible for paying them. It’s possible to keep some assets. However, bankruptcy has long-lasting consequences that you need to consider closely before proceeding. Bankruptcy means that you might have trouble getting credit in the future. There can potentially also be a burden on future employment as well as carry a social stigma. Bankruptcy procedures are complicated and the court system is unlike any other court. It is crucial that you have an experienced bankruptcy attorney to guide your case carefully. You need assurance that your debts are completely dissolved Take the opportunity to sit down with one of our experienced bankruptcy lawyers and explore the possibilities and pitfalls of filing bankruptcy. If you feel like this is the best advisable move, contact us, we will handle your case with all of the due diligence and personalized care that you deserve. The post Chapter 7 Bankruptcy – The Right Remedy for you? appeared first on Chris Wesner Law Office.

  What happens when an automobile is lawfully impounded before an automatic stay comes into effect for traffic ticket fines when the debtor files chapter 13?  At least when the plan treats the claim as unsecured and no timely objection is filed, this question is addressed in In re Jason Howard Scott, No 17-25141,  2018 WL 1830910 (Bankr. N.D. Ill. April 16, 2018).   This case involved a third filing within a year for the debtor, so no automatic stay came into effect upon filing pursuant to 11 U.S.C. 362(c)(4)(A).  At the time the case was filed, the debtor owed the City of Chicago approximately $17,000 in parking tickets.  The plan provided for payments of $100/month for 60 months.  Debtor's 1975 Buick Regal was impounded by the City before the case was filed.  While the city's claim was filed as secured, the plan treated the claim as unsecured and no objection to such treatment was filed by the city.    On December 29, 2017 the Debtor filed a motion to amend admitting the case was filed to obtain possession of the Regal, and noting the city was refusing the release the vehicle unless the claim was paid as secured through the plan.  The Court entered an order to show cause against the city for refusing to release the vehicle. The City of Chicago initially asserted that they were exempted from the automatic stay by the police powers exception of 11 U.S.C. 362(b)(4).  This section states that the automatic stay does not cover the commencement or continuation of proceedings by governmental units to enforce its police and regulatory power including the enforcement of a judgment other than a money judgment.  The Court rejected this argument since the city never sought adequate protection.  The city also claimed a possessory lien on the vehicle.  The Court found that the Chicago did not have a possessory lien under Illinois common law, because the requirements for such lien included the lienor to have provided goods or services for the lien, and to be able to city statutory authority for such lien, neither of which was met in this case. The Court also found that the local municipal code providing for possessory liens was not in compliance with state law on possessory liens.  Next, the city argues that they are permitted to maintain possession of the vehicle under 11 U.S.C. 362(b)(3).  This provision states that  the automatic stay of section 362(a) does not apply to any act to perfect, maintain or continue the perfection of an interest in property.  However, this violates the requirement to return collateral discussed in Thompson v. GMAC, 566 F.3d 699 (7th Cir. 2009). This case held that a secured creditor has to return collateral to the bankruptcy estate and then, if necessary, seek adequate protection of its interests from the bankruptcy court. According to the Seventh Circuit the secured creditor therein exercised control over a vehicle in violation of the automatic stay by refusing to return it upon request.  Rather, §362(b)(3) is intended to apply recording notes and mortgages, not continuing possession of collateral of debtors.    Finding that the City of Chicago waived its rights by not objecting to the plan prior to confirmation, and does not have a possessory lien on the vehicle, the Court entered an order fining it $50/day for the violation of the stay in not returning the vehicle to the Debtor. This case should not be read overly broadly given the specific facts herein, especially the lack of objection to the plan.  Michael Barnett www.tampabankruptcy.com 

By Alicia Adamczyk Millennials are putting off marriage, have you heard? And while some talking heads would have you believe smart phones and video games are largely to blame, I’d posit it’s more likely a consequence of the combination of crushing student loan debt and low-paying jobs that has defined life for many people in Generation Y. Who wants to shell out for a wedding when you can barely afford your monthly student loan payments?But if you do get married, you definitely need to consider how your and/or your spouse’s loans will affect the other. Take this question, from Kathryn:If you’re on an income driven plan as part of loan forgiveness, does your partner’s income become considered your own income if you get married?Here’s what you need to know.TaxesEssentially, the answer to your question, Kathryn, is yes. If you or your spouse have student loans and you’re enrolled in the Revised Pay As You Earn plan, your monthly loan payment will increase, because the plan bases your payment off of your combined adjusted gross income.For the other three income-driven repayment plans, you can avoid this if you file your taxes separately. But you’ll miss out on the other tax benefits of filing jointly. You’ll want to ask your tax preparer which is better for your individual situation, but it’s likely filing jointly and accepting the higher monthly payment.That’s having an impact on when and if people get married, according to Travis Hornsby, founder of Student Loan Planner. “There’s a lot of people who are getting spiritually but not legally married because of this,” he says. “People are having ceremonies but not turning in their certificates for tax purposes.”Additionally, you may lose the student loan interest deduction, which allows student loan borrowers to deduct up to $2,500 of the interest paid on their loans from their taxable income. You don’t qualify for it if you and your spouse earn more than $160,000 combined (you do not qualify for the deduction if you file separately).Other FactorsBut there are a lot of other things to take into consideration, finance-wise, when you have loans and get married. “Everyone getting married these days needs to have a money conversation about loans, and it needs to happen before your engagement,” says Hornsby. “Be honest, say how much debt you have and your plans to pay it off.”One example: credit. While your spouse’s loans do not affect your credit unless you’re a co-signer, according to NerdWallet, “if your spouse takes out a student loan during your marriage and then defaults, creditors in some states can go after both of your wages and assets—or, if you file jointly, your tax refund.”And if you’re in the market for a new house, the biggest factors to take into account are your debt-to-income ratio, down payment, salary, credit history, assets, etc., the biggest being your DTI, says Mike Brown, managing director of Comet, a company that offers student loan refinancing advice. If your only debt is student loans and you make a decent income, you’ll probably be ok. If one of you has a ton of debt, though, the spouse with the lesser amount should apply for the mortgage, says Brown.One rule that makes paying your mortgage more manageable: “Your house should be no more than two times your joint income if you have debt,” says Hornsby. “You don’t want tons and tons of debt.”DivorceIf you get divorced, things get, well, complicated. You may have to split the debt with your spouse, regardless of whose it is, depending on when it was acquired, says Kathleen Campbell, a Registered Investment Advisor based in Fort Meyers, Florida. If you incurred the debt before the marriage, that’s your responsibility to pay off (and the same goes for your spouse). “So even if a couple was together for years before marriage, with the expectation that future spouse A’s income would cover spouse B’s loan payments, if spouse B incurred the loans prior to marriage, then they are spouse B’s responsibility forever,” says Campbell. But if the debt was acquired post-marriage, things “get murkier.” “That becomes more of a legal question, depending on state laws, how the money was used, earning power of both parties, how long the degree was used during the marriage, and other factors,” she says. “So it’s a case-by-case situation when it was incurred after marriage and is still in just one spouse’s name.” If you’re a co-signer, you’re likely on the hook, unless your spouse refinances. “The co-signed obligation is a contract between the signer and the lender, not between spouses, so that’s a firm contract,” says Campbell. “It definitely could be possible to refinance the loan in only one spouse’s name, assuming that spouse has the income and credit history to entice the lender to refinance. That could all be part of divorce settlement discussions.”If you’re really worried, create a prenup that stipulates what happens to the debt. Then you’ll have one less thing to worry about.© 2018 Gizmodo Media Group.  All rights reserved.