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Ex-wife initiated AP

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  • Ex-wife initiated AP

    I have been living through the hell of a contested divorce for over 2 years. I finally received the divorce in Feb, with the property settlement coming in August.

    I filed in FL (where I'm a resident) but currently reside in NM (military). My ex-wife has submitted information to the UST stating that I fraudulently spent money from the 2nd mortgage (it was spent on the 1st & 2nd mortgage payments and the truck that was a marital asset). She has also contested my personal property exemptions stating that my books, clothing, etc were worth more than I claimed. There was a hearing and the judge agreed to allow her to get an appraiser to appraise all of my property. In addition, her lawyer indicated she was going to contest the dischargability of the 2nd mortgage (by claiming that I committed fraudulent actions).

    What should I expect? Will these claims delay my entire bankruptcy discharge (the 60 day window closes on May 21st), or will it only delay the items that are contested (exemptions and 2nd mortgage discharge)?

    I am really concerned about this, as I had to file bk due to the divorce costs and a house that was $180,000 upside down when I had to move for the military. I have done this as a way to mitigate my risk to the government in an attempt to keep my clearance. However, I need this to go away on schedule so it won't affect my job.

    I would appreciate any input/advice folks have to give. I'm really worried that the AP will continue the entire process until the end of this year.

    Thanks!

  • #2

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    • #3
      Why does your ex care about the 2nd mortgage?
      attorney consult and decided to file, 02/15/2010
      no-asset Chapter 7 filed, 03/11/2010
      341, 05/10/2010
      discharged, 07/13/2010

      Comment


      • #4
        Wow, she sounds like a peach!

        I agree, why does she care about it? Since she is not the creditor, how can she file an objection to the discharge of that specific debt?

        Comment


        • #5
          Originally posted by AbbeyA View Post
          Since she is not the creditor, how can she file an objection to the discharge of that specific debt?
          Nativeson19's ex is claiming he's committed bankruptcy fraud by deliberately falsifying the value of his personal property on his filing forms. It sounds like the court is allowing her to hire an appraiser to find out if NS19 did indeed under-estimate the value of his belongings.

          Sounds like the ex is having a scorched earth post-divorce party of one doing her best to punish NS19 even after the divorce was finalized. That's the purpose of trying to ensure he can't strip the second mortgage - more punishment. Terribly sad. I feel for you, NS19. Hang in there.

          What does your own lawyer have to say about this situation?
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

          Comment


          • #6
            Sorry, I should have included this. The second mortgage is the only item she was a co-signer on. We don't have a property settlement yet (due to her getting a continuance 5 different times), however the bankruptcy judge has ruled that he will lift the limited stay only for property settlement and not to allow any debt to be assigned to me.

            She already attempted to have me charged for fraud by submitting her claim to the UST, who reviewed the evidence from both sides and determined I did nothing wrong. However, her attorney is filing an objection to dischargability for the 2nd mortgage.

            I valued all of my items the way I was told - at garage sale/IRS donation value - another way of saying retail value given the condition, age, and quality. I have done nothing wrong, and she has no evidence to prove otherwise, yet the court allowed her to hire an appraiser to come into my home and look at all of my assets. How the heck is he/she supposed to know what I had at filing vs what I have now (I have bought a few items since I filed)?

            Originally posted by AbbeyA View Post
            Wow, she sounds like a peach!

            I agree, why does she care about it? Since she is not the creditor, how can she file an objection to the discharge of that specific debt?

            Comment


            • #7
              Gawd, this is the worse thread I've ever read. Gives a whole new meaning to EX-wife. Sounds like you lived with a vindictive B-itsh. At least if not the C7, you got a decree. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment


              • #8
                Why is there such a long time length between discharge of bankruptcy and the case being "closed" - I thought these were one in the same. Also, can someone please tell me if an AP delays your entire discharge or if only the item that is being objected to remains open while the rest of your items become discharged.

                Thanks!

                Comment


                • #9
                  The rest of the debts will be discharged on time as long as no one else objects or files an extension of time. If your ex files a time extension, everything will still remain open until it gets to the end of that time extension. If at the end of the time extension she files an objection, the other debts are discharged and then the AP will become it's own case/remain open. If she doesn't file an objection to discharge by the end of the time, everything will be discharged at the same time.

                  Comment


                  • #10
                    Originally posted by blondeinmn View Post
                    ISometimes it's cheaper to rent.
                    LOL....that reminds me of one of my favorite sayings....."If it floats, flies or F**ks...it's cheaper to rent it."

                    Comment


                    • #11
                      LOL

                      Originally posted by NHC View Post
                      LOL....that reminds me of one of my favorite sayings....."If it floats, flies or F**ks...it's cheaper to rent it."
                      So here's my questions - wouldn't she have to prove why she needs a time extension. I mean, she's had an attorney working with her on this for the past 30+ days, they already filed the objection to my exemptions - how can they then say (when they had 30 days to work it) that they need more time to put together an objection to the discharge of debts?

                      Comment


                      • #12
                        Originally posted by nativesun19 View Post
                        LOL



                        So here's my questions - wouldn't she have to prove why she needs a time extension. I mean, she's had an attorney working with her on this for the past 30+ days, they already filed the objection to my exemptions - how can they then say (when they had 30 days to work it) that they need more time to put together an objection to the discharge of debts?
                        B/c they can. They don't have to prove anything at this time -- hopefully your attorney will do his best to object to it, but from what I have learned, they usually grant time extensions. A creditor of ours has filed and been granted 2 time extensions, our bk was filed in early Oct 09 and is still open ... they filed for a time extension on the last day to file anything ... they got 90 days on the first time extension, then filed AGAIN when that was up for another time extension and got an additional 45 days to file an objection to the discharge. All I can say is that there is a lot of evil in this world. I hope you ex drops her vendetta against you, but it sounds like she will continue in full force with it.

                        Comment


                        • #13
                          Originally posted by NHC View Post
                          LOL....that reminds me of one of my favorite sayings....."If it floats, flies or F**ks...it's cheaper to rent it."
                          That expression is a keeper!!!!! LOL

                          Comment


                          • #14
                            Well, as predicted, her attorney filed a motion objecting to dischargability of debts stating that there were false pretenses, false representation, and actual fraud. This is so crazy - she already filed this objection (informally) with the UST, who looked at the evidence and decided I did nothing wrong. Now, as expected, her attorney waited until the last day to object and filed the objection. Just more BS within the system.

                            Comment


                            • #15
                              Well, as predicted, her attorney filed a motion objecting to dischargability of debts stating that there were false pretenses, false representation, and actual fraud. This is so crazy - she already filed this objection (informally) with the UST, who looked at the evidence and decided I did nothing wrong. Now, as expected, her attorney waited until the last day to object and filed the objection. Just more BS within the system.

                              Comment

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