Ex-wife initiated AP

[nativesun19]

She isn't filing yet - I think she's going to wait to see if she can get me stuck with this debt first. However, from what I've read, she must prove that five different conditions are true. She's not even the creditor, she's just the co-debtor on this loan that allowed either one of us to sign the checks - so I don't see how she can claim that I acted fraudulently. I have provided about 300 pages worth of documentation to my attorney that proves that all of the money that was taken out after she left the house and moved in with her boyfriend was used to pay for marital bills (1st and 2nd mortgage, truck payment).

I hope yours begins to take a turn for the better. It is crazy how people can torture you through the court system!

Sorry you are going thru this -- you and I need to stick together! Our creditor file for another time extension yesterday, on the last day again. This makes for 3 extensions and our attorney says the judge will likely grant it since it is "only" until June 30th.

I hope your debt gets discharged and she gets stuck with it. Is she filing bk too?

[AbbeyA]

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.

Sorry you are going thru this -- you and I need to stick together! Our creditor file for another time extension yesterday, on the last day again. This makes for 3 extensions and our attorney says the judge will likely grant it since it is "only" until June 30th.

I hope your debt gets discharged and she gets stuck with it. Is she filing bk too?

[nativesun19]

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.

[nativesun19]

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.

[ryan]

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

[AbbeyA]

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.

[nativesun19]

LOL

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?

[NHC]

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."

[AbbeyA]

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.

[nativesun19]

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!

[AngelinaCatHub]

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

[nativesun19]

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)?

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?

[lrprn]

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?

[AbbeyA]

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?

[blessed]

Why does your ex care about the 2nd mortgage?