Off to trial for us!

[filingin08]

So... our pretrial for our adversary complaint is Thursday. As a reminder... husband has joint debt with exwife... Discover, excess miles on car lease, and boat.

Don't blame the ex for filing the complaint. BK was a business decision on our end as I'm sure the complaint was a business decision on her end.

The exwife has agreed to take over the boat.

On the car and discover, she is accusing FRAUD! Somehow in the normal course of business and driving 60+ miles just to see kids on Wednesdays since she moved, we are being accused with fraudulently running up the miles on the car. And somehow since she never took her name off the credit card, we fraudulently ran up charges.

Her atty is hoping to postpone trial until September. Good, I say. I'll be ready to pop this baby out... what judge will give a pregnant lady more debt? lol (I'm dreaming, of course.)

Our atty asked what we wanted to do... fight or give in. We said we wanted to fight! Turns out the firm thought we should too. Of course, at $189/hour, might be a business decision on their end too. I digress... Our atty feels they're grasping at straws. Here's hoping this goes quickly!

Should be an interesting ride.

[AngelinaCatHub]

Hang in there. It is chancey that the other party when seeing your determination, just may fold and release the AP. You have a better than 50/50 chance of either terminating the case with no penalty, or having it discharged in your favor. 'Hub

[relief13035]

Aren't ex-spouses lovely........NOT

[Gerry]

Good grief. I hope it goes well for you.

[HHM]

Barring any undisclosed facts, I think you win this one 9 ways to Sunday.

[filingin08]

First she claimed it was nondischargeable because it was domestic support obligation. Not. Now she's hanging her hat on fraud.

So, trial has been set for 9/25/09 with all discovery due July. Joy joy. I just realized we filed 9/26/08. We could very well be 12 months+ into our plan before we're ever confirmed. lol

I do feel badly for her. I would fight like crazy too if someone dumped $30k+ debt in my lap. But here's hoping the BK laws do what they intend and give us the fresh start we so badly need.