Chapter 13 vs. Divorce Debt

[gfgettngscrwd]

As to the amount of the claim, how much could you prove to the trustee that he owes your gf? That is what I would file the claim for. With documentation, you stand a much better chance of proving that she is right in filing this claim.

Alot of that depends on the final outcome of the crediit search and finding out the primary/authorized user/cosignor status on each card he is filing. He listed her as co-debtor on all the cards. This we know for certain is not the case. She is researching each indivdual card. To complicate matters he refuses to forward the account numbers to her to research. We know for a fact one card, Chase, was in her name and he was merely an authorized user, but he listed it on his filing as each was co-debtor. Chase has informed her they are going to reject his claim as they are not required to abide by the divorce decree. Not quite sure what a rejection will do as far as his bankruptcy is concerned. This is the credit card that she has negotiated a payment plan for five years on. We beleive that she should be able to have the Chase card removed from his filing and that amount added to her credit amount. Same goes for the Citi bank and maybe one other. On the cards she is actually a co-debtor and not the primary, we beleive she will get an automatic stay on but we are not sure. I read something pertaining to the fact that the automatic stay provision was removed in the new BAPCPA as it pertains to divorce debt, but I am not sure I understood it correctly. One thing we do know for sure is that his filing is inaccurate, and he failed to list cards in which he was primary or co-debtor on in which were assigned to the gf as per divorce agreement. The technicall inaccuracys of his filings maybe enough to get it postponed by thereselves but we are not sure. Another thing we are not sure how to address is the fact that the current debt on his post divorce cards is higher than it was at the time the divorce was filed. Whether or not he used the card and accumulated more debt, or the higher balance is only due to accrued interest and late charges we do not know yet. We do know that two time the gf has emailed him asking for the account numbers of these cards and he replied FU it is none of your business. Odd how he can think it is none of her business when they are calling and harassing her, and it is ultametly going to fall on her for payment.

[gfgettngscrwd]

For those of you that have been following this thread and wish to educate yourselves more here is an excellent law review in which I have learned alot of what I have been saying:

http://www.danielaaustin.org/debtor.pdf

[gfgettngscrwd]

One last thing, not sure if it matters or not. In the gf divorce settlement not only was he to pay the assigned cc debt, he was also ordered to have her name removed from the cards in question. Not sure if this will make a difference but I cannot find anything on it either way.

[rrockinggramma]

were you able to get a pacer account? That will give you idea of how much time you have before confirmation from the 341 (usually 2 months) and then the bar date for claims (usually 6 months from 341) As to account numbers, I only had the last 4 and I am sure he was told by his attorney to list everything even if he wasn't sure if he was co debtor or primary. In a chapter 13, those companies would file a claim to get paid or not file a claim, and get nothing. Sounds like Chase has said they will not file a claim cause they know she will pay 100 percent plus interest and fees and they would only get percentage from his BK. I am not positive if it really matters to his case if he was/is primary. It does matter to your gf cause if she was only authorized user, then she is NOT responsible for those debts. As a co debtor she would be so it is more important for her to know more than for him. He listed everything just like you are suppose to do. The creditor matrix will remain the same even if no claims are filed or would change only if he amends it to include more.

On Pacer you should be abe to get the creditor matrix and that will tell you who he listed. And it will give you the bar dates for claims to be filed and lets you see who has filed a claim to date. That might help in narrowing your search to see which debts he included. However, I am sure he listed everything even if he did or did not know about the primary/co debtor/authorized user.

And as to the claim, you already know what she is paying for Chase. As you research I am sure there will be others that she is primary/co debtor on that she will take over (beware if I were you. The companies would gladly get 100 percent from her than 60 percent from him, you don't want to add more fuel to the fire)When you are pretty sure where she stands, file the claim for that amount. Just document your research so you can prove it to the trustee cause I am sure now he will file an objection to the claim. But you can fight it and win with documentation.

[JollyGG]

I would just have her file the claim for 100% of the balance on any cards that she is either the primary card holder or a co-debtor on.

If she still has any cards with his name on them that she has been paying on she needs to make sure those are included as well.

Additionally, your change in tone is appreciated. I was not planning to respond to any further posts by you as long as you continued to make demeaning remarks about those who claim bankruptcy, refer to our forum as a group here for chearleading with no real knowledge, inform everyone who tried to answer your question that they were wrong (making one wonder why you asked if you already know all the answers). I'm glad you have moved onto searching for your answers, explaining things that might have been misunderstood, and considering options you may not have considered.

[gunsmoke]

This message board is turning into a soap opera.

[lrprn]

This message board is turning into a soap opera.

The sad thing is no group of writers is sitting in the back room thinking up the most outlandish, imaginary things they can. These unbelievable situations are REAL and are happening every day to REAL people who don't deserve even a small part of what's happening to them.

Makes me so angry and frustrated to see how many decent, caring folks on this board and elsewhere are being screwed over by amoral, self-absorbed persons and companies in the name of money.