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Divorce & severed Chapter 13 case

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    Divorce & severed Chapter 13 case

    I am 3.5 years into a Chp 13. I've been separated from the ex for 20 months; divorced for 4 months. At the time we filed he was not working so I have been paying the entire $1200 per month from my pay checks plus half my bonuses and all my tax returns. He got a job when I left but he refused to inform the trustee.

    The cases were officially severed at the end of last week. I am waiting for a follow-up appointment with my bankruptcy lawyer but I have lots of questions. Altogether there is a total of ~$80,000 more owed to unsecured debtors. All secured and priority debts have been paid.

    - Will they split the remaining debt equally even though he has never paid any money into the plan?
    - What happens to the property that we got to keep in the original filing if he decides to file a Chapter 7 for his half of the debt?
    - I make more money now but I have full custody of two children and am not getting child support. Will I have to re-figure my payments?
    - If he ever starts paying child support will it all automatically go to the plan payments?
    - I already owe my divorce lawyer ~$4000 and it will probably be even more by the time this mess is finished. Will the trustee take that into account when figuring my new payments?

    #2
    Hi there, I just wanted to post that you are not alone. I am going through something similar. Guess what? Since my soon-to-be ex can't maintain steady employment the bk payment is coming out of my paycheck. My husband got a new job too and has yet to inform the trustee. Anyway, here's my thread. I'll keep adding updates to my thread as I get them. I'm retaining a new bk atty on Mon. Can't wait to get this ball rolling.



    Best of luck!

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      #3
      My sincerest hope for both of you is that you find someone who values you as much as you value yourself. Good luck with everything and congrats on taking these steps to a better life!!

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        #4
        Well, I found out I am still responsible for all the remaining debt. I was hoping I was only responsible for half so maybe I could finish paying early.

        Still waiting for the new lawyer to re-calc my new payments and crossing my fingers that it doesn't increase too much.

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