Wife screwed up my 13 plans..HELP!

[brokeNconfused]

well we bit the bullet and have not been spending much. I retained an attorney in Feburary and was just waiting for my 90days to pass without using my cards.. today i found out my wife fell off the wagon and used 2 cards. She managed to max one out with 4k and took 700 in cash off of the other.. here are my questions, besides getting divorced which is being discussed now... what are my options?

#1 since i retained an attorney already am i screwed?
#2 what is worse case senerio ? will i lose the entire bankrupsy now? I really cant afford to be denied bankrupsy and these new bills are not going to help much with a 13 payment.
#3 can i explain that wife did this and sill include it?

I know that with the feeling i have in my gut things look bad for me.. any help, advice or suggestions are welcome..

PS.. wife is out of house at thispoint, but i am thinking of keeping her while i file so i can still claim my 3 kids .

[CindyLou]

First of all, are these cards only in your name or are they a joint acct or is she an authorized user?

If you are seperated then you need to have a legal seperation which will protect you from something such as this.

If the card was not in her name jointly and she was not an authorized user, then you should report these fraudulant charges to your credit card company and the police!

You should IMMEDIATELY cut up all cards! You can also call each credit card company and ask to either close the acct or if they will not let you close it then you can ask for all charging to be suspeneded.

This is a very serious (and possibly criminal) manner if she was not authorized to make charges on these acccounts!

BTW, I just have to ask...what the *&%*^ did she spend $4000 on??? (I'm just being nosey, so feel free to tell me to mind my own business!!)

[brokeNconfused]

good question.. more than i know of it was spent on school and summer clothes for our kids.

birthday gifts and car parts..

no she was not an authorized user, but i am not going to put her in jail. she has offered to pay it back. I just need to know how this will affect my chapter 13? can i just exclude this card and move forward or will i be denied due to the charges on card after i retained an attorney.

I am going to divorce, but i just cant imagine putting my kids' mom in jail and put them through a divorce at same time.

[CindyLou]

Does she have the means to pay it back?

As far as the BK, you could just include it (actually you are required to include it) and just wait and see what happens. Heck, first they have to file a claim, then they have to file an objection, then they have to win. Not to say it can't happen, it definitely can, but worse can scenario, this charge would get excluded.

But let the creditor make the move. If you have to file now then you have to file now. Otherwise it would be in your best interest to wait 90 days from the last charge.

Wow...$4000 is a lot!!! I doubt she would go to prison or anything, but she should be held accountable for stealing from you. But, if I were in your shoes, I'd probably feel the same way because of the kids.

Have you checked your credit report to see if there is anything else she is hiding?

That's such a high amount of money to spend on regular everyday stuff!! Good new is that it wasn't for luxury expenses. That would be a whole 'nother can of worms!

[Flamingo]

Have a frank discussion with the attorney you retained and immediately cut up all cards and close accounts before she does more damage. You cannot exclude any credit card with a balance from your BK filing. All debts are to be reported and included.

[danaf]

dang, if I were in your shoes I'd be spitting fire.

Can you wait another 3 months?

And you need to consult your attorney about this to find out what the implications are of this ordeal and also of her being out of your home at this point. And are your children with her or you? Alot to consider with filing & the new events could skew numbers. Your wife is obviously a liability in your hopes to file. Your attorney is the best person to advise you on how to proceed. But obviously you need some serious strategy at this point.

good luck!

[brokeNconfused]

i can probably go another 90 days, so far no lawsuits have been filed. The kids will go with her, thats why i was thinking of holding off until after i get it all finished. The problem i have it if i wait i have already retained an attorney. I checked credit report and nothing else at this point.

we dont have anything to really show for it so i am sure some was luxurey items..

worse case question. Will i be denied the entire bankrupsty?

[lrprn]

worse case question. Will i be denied the entire bankrupsty?

No, your bankruptcy cannot be dismissed for this...shall we say....unfortunate choice by your wife.

However, there is a chance that the creditor will file an objection to your discharge of the debts - that's especially likely on the $4k blowout all in one day.

Here's a suggestion. Gather up everything single thing that can be returned and do it immediately to get the charges off the cards. If your wife can afford to pay you back for today's $5K shopping spree, then she can afford to buy back what she charged using her own cash over the coming months instead.

Have to say I don't envy you going forward trying to keep your wife's spending in check. Sounds like she has a serious need for the after-filing debtor education course, big time. Hang in there.

[brokeNconfused]

well here is another question. I know my payback will be less and shorter with wife and kids in home. So ill probably stick it out at least until i file and see where i am at.

If i dont get to discharge the debt will i have to pay it back at the same time and my 13 payment? or will they allow me to hold off until i finish my payment plan.

once it all gets worked out we will likely divorce. She has started thearopy (sp) now though. I was not in one day.. gawd i wishi it was so i could reverse it all. it was all since March. i just never noticed the cards gone and since i was filing i stopped looking for card bills.. soooooo most stuff is used, open or gone.

also.. can i make my chapter 13 payment directly from my bank? i dont want to do a garnish and thought payment would be better than sending cashiers check.

[Flamingo]

also.. can i make my chapter 13 payment directly from my bank? i dont want to do a garnish and thought payment would be better than sending cashiers check.

Most trustees require a payroll deduction and the funds sent to him by your employer. In fact, it may not be a trustee thing but a state requirement - it is required in our state. What you can do is ask your attorney about this and see what he/she says. If it is required by your state, there is not too much you can do.

[wooisme]

I most certainly would NOT file charges and put her in jail. that's not going to accomplish anything expect cause pain and misery to everyone concerned. whether you divorce her or not is your business however if it's over this and money I would think long and hard before doing that.
As for the bankruptcy, it has to be disclosed anyway. It will be filed just like every other creditor and they may not even object to it. I had gas cards that we used before bankruptcy and they never said anything about it. They filed their claims and that was that and it was a couple thousand...you take your chances and handle it when it comes up.

Your whole bankruptcy would not be thrown out! Only the ones objected to, only the cards objected to and still the judge would decide if it is allowed or not...so don't panic.

the worst that can happen is whichever card or cards used or just used by your wife would be out of the plan and it would have to be paid back in full but i don't think they can do anything at all in collecting it while your IN bankruptcy, it would be after it.

If it can be proved why she spent the money ..IE: gas, food, clothing, repairs, things of real need. It probably won't even be objected to IF it's for survival needs. Where did the $700 go? Was it for food, Was it to pay your housing exp. At least it would show it went to necessities.

[brokeNconfused]

thanks for the positive words.. im not sure where all the money went. She did it over time and hid it from me. She said she bought groceries and clothes. Some birthday presents and such. Im sure lots went to fast food and i found some new DVDs at the house. She didnt keep a single reciept but said most of it will show on bill grocery stores and clothing stores.. problem is thought its not walmart its old navy and arepostle stuff. grrr..

i guess i will just plan to take the hit, hope it gets included since im going 13 and if not pray they dont keep adding interest for 3-5 years until i can get to it.

[danaf]

just because you already obtained an attorney before this happened doesn't mean you still can't wait another 91 days (while still trying to pay at least the bills your wife racked up.

the attorney won't make you file before you are ready.

the problem you have is the creditors objecting but if you further wait the 91 days, they might not. it is sort of a crap shoot at this point.

[brokeNconfused]

its been two months now since i retained her and i just gave back one of our cars to a credit union. I plan on waiting, but dont want anyone to come at me with a lawsuit first..

[my4devils]

[QUOTE=brokeNconfused;155228] problem is thought its not walmart its old navy and arepostle stuff. grrr.. QUOTE]


Honestly, old navy and aeropostale can be cheaper than Walmart- no biggie there.

Since you have retained an attorney- you have already recognized the fact that you need to file BK. The charges came afterwards so an objection could be made whether or not you wait the 90 days. I would just go ahead and file and see what comes up.