Divorce not finalized

[cz3ch]

My Chapter 13 plan was approved back in February and I've been making payments and am ahead of schedule so far. So things are good right? Not so much.

When I filed the trustee/judge approved my petition filing as "single" since I was separated from my wife with a divorce case pending in the court. It's now 9 months later and due to having a horrible divorce lawyer I'm just now being presented with dates in December to finalize my divorce.

I mean, it's been 9 months and everything has gone smooth. I'm concerned about the fact that we haven't been able to finalize the divorce yet. The case is still pending in the county courts waiting for my lawyer to put us on the docket, I have the decree ready to go, and it's an uncontested divorce.

I'm a bit worried that the trustee will review my case and discover that I'm not divorced yet. What could happen to me if he discovers this? I'm trying my hardest to get the divorce finalized but I can't push my crummy lawyer any harder. I'm sort of at his mercy it feels. I just don't want to get in trouble or have my BK converted/changed due to the divorce not being finalized.

Any thoughts, comments, sage advice? So far my BK lawyers have told me to get divorced ASAP but couldn't advise me of any repercussions.

Thanks in advance!

[LadyInTheRed]

Chap 13 trustees don't usually monitor cases except to review tax returns if they even do that. Your plan was confirmed based on you living separately from your wife. As long as that is still the case and you were honest in your petition and during your 341, there is nothing to worry about. Whether the divorce is finalized or not does not change what your income and expenses are. I doubt that a 9 month divorce is unusual. Very little happens quickly in any court proceeding.

Stop worrying about what ifs. Just keep making your plan payments. Any questions that may come up from the trustee can be answered when they come up. I've been in my plan for 3 1/2 years and the only time I hear from the trustee is when she sends the annual report.

[cz3ch]

Chap 13 trustees don't usually monitor cases except to review tax returns if they even do that. Your plan was confirmed based on you living separately from your wife. As long as that is still the case and you were honest in your petition and during your 341, there is nothing to worry about. Whether the divorce is finalized or not does not change what your income and expenses are. I doubt that a 9 month divorce is unusual. Very little happens quickly in any court proceeding.

Stop worrying about what ifs. Just keep making your plan payments. Any questions that may come up from the trustee can be answered when they come up. I've been in my plan for 3 1/2 years and the only time I hear from the trustee is when she sends the annual report.

LITR, as always the voice of reason.

Yes, I'm living separately, was honest in my petition/341, and intend to proceed with the divorce. I'll gladly take your advice and continue making payments. I've already received a report from the trustee and I'm on track with payments and have actually paid more than the scheduled amount (I made a few payments in the beginning before I was confirmed).

Thanks again for reading and for your advice!

[brtb]

Chap 13 trustees don't usually monitor cases except to review tax returns if they even do that. Your plan was confirmed based on you living separately from your wife. As long as that is still the case and you were honest in your petition and during your 341, there is nothing to worry about. Whether the divorce is finalized or not does not change what your income and expenses are. I doubt that a 9 month divorce is unusual. Very little happens quickly in any court proceeding.

Stop worrying about what ifs. Just keep making your plan payments. Any questions that may come up from the trustee can be answered when they come up. I've been in my plan for 3 1/2 years and the only time I hear from the trustee is when she sends the annual report.

LadyintheRed, you bring up an interesting point. In my current situation my husband has NOT moved out of the house and he just lost his job. We are living separately in the house and I'm continuing to pay the bills. We are separated as of 11/16/13; my divorce atty is still drafting the PSA. I was going to file my 2013 taxes as "Married, Filing Separately". I've already calculated how to divide the mortgage interest, etc. Good idea or not? I'm am planning on retaining a new bk atty once the PSA gets sent to my husband.