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Chapter 13, divorce, should I convert? Please advise?

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    #16
    Also

    Also, my STBX is MIA (we have no idea where he is). All of our stuff (RV, trailers, equipment and machinery, generator, 4-wheeler are nowhere to be found. And he is months behind in his child support obligation. We have no idea if he is making the BK payments. The house mortgage is 5 months behind. He was court ordered to pay this. ANd, the mortgage company issued a motion to relieve the stay.

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      #17
      Originally posted by shadowb View Post
      Should I report this to the trustee? Or, should we hang on to the info/knowlege we have and use it as a bargaining thing.
      First, I'm sorry to hear that your life and your children's lives have been so disrupted by this.....well, let's just call him a jerk.

      The very first thing you need to do if you haven't already is sit down with your bk lawyer and find out what can be done in this situation. Discuss how the divorce will affect your case and what your options are.

      The problem about reporting your STBX now is that *YOU* signed the original filing forms that were missing the hidden items. The trustee might ask why you didn't say anything about this when you signed the Ch 13 filing forms originally. Before doing anything, this is something to discuss with your lawyer as well.

      You are in a tough spot. Please keep posting what's going on - we'll help you sort things out as best we can.
      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


        #18
        Originally posted by shadowb View Post
        Also, my STBX is MIA (we have no idea where he is). All of our stuff (RV, trailers, equipment and machinery, generator, 4-wheeler are nowhere to be found. And he is months behind in his child support obligation. We have no idea if he is making the BK payments. The house mortgage is 5 months behind. He was court ordered to pay this. ANd, the mortgage company issued a motion to relieve the stay.
        Please, please, please contact your bankruptcy lawyer and your divorce lawyer first thing Monday morning!

        Your STBX has dumped everything on you. You need expert legal help asap to sort out what your options are in this terrible situation. Otherwise you may end up completely liable for HIS debt *and* YOURS. Don't delay. Get legal advice now. And if the offices tell you the lawyers are busy, don't take no for an answer. Tell them this is an emergency, because it is, and you need an appointment this week. Get going!
        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

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