Unable to file Chapter 7 or 13 � Code 523.815

[U2ForNow]

Thanks...

Sorry to repeat this, but have you tried posting over here:

http://community.lawyers.com/messageboards/list.asp

for the reminder. I just posted there. I will provide any follow up information I find. Thanks.

[FoolAndHisMoney]

Thanks for the clarification. I did not know Florida was not a community property state.

Because I agreed to be responsible for my debt in the divorce decree (agreed not to hold my ex-wife responsible for my debt) the law forces me to file a Chapter 13. Because my debt is almost 1 million dollars, I am above the limit to file a Chapter 13. Therefore I am not able to file either one.

You will qualify for a chapter 11. Unfortunatly most of us won't be able to give you advice on this. You will have to retain a good lawyer that handles chapter 11 reorginizations and pay more to the courts, but it's still better then nothing.

[FoolAndHisMoney]

Ok well I just got a second opinion and it is the same outcome. Because I agreed to be responsible for my debt, in my divorce decree, I can not file for Chapter 7. This law forces people to file for Chapter 13. However, because of the amount I owe, I am not allowed to file chapter 13 either. The attorney recommended I look into Chapter 11.

The code cited is not just for money owed to a spouse. I owe my ex-wife nothing, have no child support, etc. This is strictly judgment debt and a few credit cards.

I am going to look into Chapter 11 but I hear it is very expensive. Things do not look too good.

Sorry U2. I see you are aware of chapter 11. Good luck at whatever you decide.

[U2ForNow]

Thanks for the info. I have posted to Lawyers.com and have already received one response. I have also posted more details and exact wording from the divorce decree for anyone that is interested or that may be facing the same issue. Here is the link

http://community.lawyers.com/messageboards/message.asp?channelId=25&subId=&mId=797981&mbId=7&threadId=6174

[no_it_all]

I am wondering that myself...I am just trying to wrap my head around the apparent fact that a divorce decree precludes a party from filing Chapter 7. I did read your thread on the other site and the conclusion's over there are congruent with what I have seen here.

The <only> difference, given the info you provided, between your case and the hundreds bantered about on this site is your business and total debt.

Maybe that is the variable that should be investigated....

[FoolAndHisMoney]

Here's a case I found and it looks like the only debts that weren't discharged were the divorce decree debts to the ex.

http://www.txnb.uscourts.gov/opinions/hdh/04-33144_Adv04-3285_20051101.pdf

[SinkingFast]

I read your posting on the other Forum. The chick attny who's responding to you confirmed what I suspected.

You're having the same trouble we had in finding an attny. Not a straightforward case, the Law is new, there's few defining opinions yet, so attnys are AFRAID of your case.

One attny flat out told us, taking in cases that push the Codes is where Law is made. But with the New BK Law, if the attny is wrong, they pay. Out of their own pockets. And many simply are not gonna risk it.

You may have to tromp from attny to attny before you find one who's open minded enough to look thru your stuff and your divorce decree and the Law and take on your case. But let me tell you from personal experience, you are gonna PAY for that guy or gal when you do find him or her.

We aren't your typical family. We have 3 older teenagers. One in college. He works to pay for his tuition, books, and fees. Does not contribute to the Household Expenses at all. We also have an elderly parent living with us. She's in end stage Renal Failure. Not on dialysis yet, but that's just a matter of time. She draws SSI but it all goes to pay for her co-insurance policy, meds, doctors, testing, and such.

And another wrinkle,.......... We recently moved to the new State. We have to use outa state exemptions.

Not exactly your garden variety, straight forward BK case.

We Consulted with at least a dozen attnys. All but 2 were gonna force us into a Ch 13.

The first attny we came on that was gonna take us Ch 7, we thought FINALLY! We decided we were gonna hire him. But then our Lender started Foreclosure on our house. That attny dropped the ball on handling a Deed in Lieu so we decided to begin the search again. If he can't handle a DIL, we don't want him dropping the ball on us during our BK.

We finally found the attny we decided to hire. He's very reputable. Either he or his paralegal have answered every question we've had. Responded to every phone call and/or email we've sent. While every other attny in town is charging $700-$1K for filing a Ch 7 BK, we paid our attny $2K to file Ch 7 for us.

Believe it or not, reply communication is a significant sign you've chosen the right person for the job. Once we paid the first guy a small retainer, we never heard from him or his assistant again. I even asked his receptionist on the phone if that was the kind of service we could expect if we proceeded with him handling our BK. She was speechless. No answer. That told me what I needed to know.

Attnys THINK that you'll come to them and only them. They don't count on you shopping around. So don't just listen to first voice you hear. Get more and more opinions. Eventually you'll find your attny. Someone with a bright legal mind, who knows the law and their stuff. Someone with a good interpersonal relationship with the Trustees and the Court in your area. Someone who will take on your case and get you your Ch 7.

[SinkingFast]

Several posters have found attorneys who also are trustees, or are in law practice with a trustee. One of those in your jurisdiction might be good for a 3rd consult at least for you. And if there are also divorce lawyers in that firm as well, an added resource. My attorney used to work at a firm with real estate, divorce, business and bankruptcy attorneys, one of whom is a new trustee in our area. He said they are just a friendly call away if he needs their take on an interpretation of the new laws.

Good point, BG!

Scammer's secret to success in BK.

Hire an attny that is/was a Trustee.

[MyLifeisaMess]

I've been having a bad day today. Now I find this thread. What are divorce degrees SUPPOSED to say then to be allowed in a chapter 7!? What I'm reading of his "divorce lingo" from the other board, it seams standard. Geeez!!! Another thing I must worry about.

[anonymuse]

My Life, this case is a little different than most divorces so don't take this as the norm.

[MyLifeisaMess]

My Life, this case is a little different than most divorces so don't take this as the norm.

I appologise, Somedays are harder on me then others. Yesterday was a "this will never end" day for me. This thread did freak me out a bit.

[anonymuse]

I appologise, Somedays are harder on me then others. Yesterday was a "this will never end" day for me. This thread did freak me out a bit.

No need to apologize. I just wanted to try to alleviate your fears. In this case, the gentleman, as part of his divorce decree, assumed all the debt. That's very different from a lot of "standard" divorces.