Help! Need quick answer! Chap 7 convert to 13?

[fancy_92]

I have 05 taxes (1500) and also a car that is still in my ex husbands name and mine also (I'm cosigner). My current lawyer wanted me to file a 7 and reaffirm car and IRS. This would uphold the divorce decree is what he said. However upon talking with another lawyer she said to file 13 and let the car go and don't worry about what ex thinks. I didn't want to do that to him, however I owe 21,000 on a 2004 explorer that has had transmission worked on 3x, replace front right axle, needs ball joints, 4x4 light and abs lights are on. I pay 608 a month for this piece of crap and it needs ALOT of work! Also, I have been unemployed since Feb. 28, 2006 because of a labor disagreement between my employer and union. I cannot afford the 600 a month payment or the repairs to the car. What can my ex do to me if I let the car go? Does BK protect me from him coming after me for the money later? There is absolutely nothing to take at this point. Also, when I left and we filed annulment, I didn't get child support because I made enough money I was trying to do the right thing, then two months later, I have NOTHING Please let me know your opinions on what I should do, I am getting very desperate and need to talk to the lawyer quick as my 7 has already been filed...thank you so much for your help.

[ChainSmokin]

[rrockinggramma]

With no income right now, you cannot support the payments in a chapter 13? You must have income to file the chapter 13. I would let your ex in on what is happening. That way it won't be a shock to him if the creditors come back on him for the Explorer (glad I don't own one of those) But you must be able to support the plan payments. The creditors will go after him for the deficiency balance on the explorer and you need to be sure that he can't sue you for that balance to uphold the divorce decree once you are discharged.

[SinkingFast]

The first attny may be right. You may be stuck with your debt on the car due to the Divorce Decree.

Others have posted here about similar situations. Debts that cannot be discharged thru BK because the debt was expressly stated in a Divorce Settlement prior to filing BK.

You really need to have an attny read thru your Divorce Decree. See how it's worded. Just telling an attny that your Divorce Decree says you owe thus and so doesn't determine whether you can or cannot discharge the debt in BK. The attny would have to see the Divorce Settlement to know for sure.

[HHM]

Section 523(a)(15) basically excepts from discharge, any debt related to a Divorce Settlement/Decree. So I agree with SinkingFast, odds are, you are probably stuck with the debt. Thus, strictly speaking, you would be better off in a 13, but if you have no income, you will not qualify for a chapter 13. Thus, your only option would be a chapter 7, but regardless of any reaffirmation, you are probably stuck with the debt to your ex.

As for what your ex could do, ultimately, if you did not pay, the amount owed would become a judgment against you.