Anyway out????

[suckerpunched]

New here but have a question. Been reading posts and pretty much figured I screwed myself but here goes.........
Filed almost three years ago(ch. 13) with my spouse at the time. 99% of the debts were hers from past credit, gambling debts etc..... but as a loyal husband( and not being advised that she can file seperately) we filed jointly.
Six months later she filed for divorce. So since then we have pretty much split the payments(as our laywer said this doesn't release me from the bankruptcy) and me thinking the end of the 36 month term was this November find out that since we refiled new budgets as seperate households and had the payments reduced, the term of the bankruptcy was extended by one year to pay the 36% that was originally filed for.
Bottom line::::is there anyway I can (after three years) someway file for release from debts she incurred without my knowledge or signature or am I pretty my screwed by my ignorance when I filed jointly???????????
I can't ask advice from our lawyer as he was the same one that did the divorce and as she was the one that filed for the divorce, he is going to protect her.............
Now you know why I'm::::suckerpunched

[HHM]

First, what state did you file in?

[suckerpunched]

I filed in Utah, before the new laws took effect....

[HHM]

I don't think so, filing BK is a default acknowledgment of the debt on your part.

You may try for a hardship discharge, or you could conceivably voluntarily dismiss the case and then fight it out with the creditors and claim the debt is not yours.

Honestly, you are probably better off finishing the plan.

[justbroke]

HHM, interesting. I read about estoppel and that listing a debt on your BK Schedules, and not having "disputed" them, makes that evidence under the Federal Rules of Evidence.

So much I learned, after the fact. I actually listed EVERYTHING I saw on my credit report... even some I thought were duplicates, but I never knew that I should have marked ones I didn't agree with as "disputed".

Oh well.

[suckerpunched]

Thanks,,,,,kinda what I figured,,,,,could have,,,should have,,,,,would have....
Life will go on...........at least I kept my bike.........
Suckerpunched

[suckerpunched]

Still fighting.........

OK, I know I'm screwed but I can't get over the fact the I am paying more than half of a bankruptcy that I wasn't, shouldn't, have been involved in.
Dangerous question.....If I can form a LLC and put all my assets into it(all I have is a steady paycheck and a motorcycle) and tell my ex that she will have to pay the remaining balance or the BR will be dismissed..........will this protect my income against garnishment....? I know I'm just reaching but it is so frustrating having to continue to pay for someone else's bad judgement.....
Well, I guess my bad judgement also.......but I think I have paid enough and just want to get on with my life. Hell, I'm still making monthly payments on our 2005 taxes due to gambling winnings that were'nt declared. The base three year period is up November 30 with $11500 left to pay the 36%,,,,$46000 to pay 100%. All of this is unsecured debt and most of it the $16000 she borrowed from her father(also unknown to me till we filed)
OK, I'm done venting.....I'm getting too old and tired for this kind of grief.
Still.........Suckerpunched

[HHM]

The LLC would not accomplish anything at this point (and frankly, LLC's are pointless nearly any time, especially if it is a single member LLC).

[rrockinggramma]

Do you communicate with her? Why not ask her to dismiss and let her file on her own? If none of the debt is yours, you would be fine. Or if you are in community property state, then you would be best served finishing this out. In a 15 month period, I filed 3 times (the third one is almost done now) but sandwiched inbetweeen, was my divorce. None of the debt was his. He wanted out so we let is dismiss, and then I refiled as soon as the divorce paperwork was filed. I know you are already divorced now, so that might be an option for you. She might qualify for a chapter 7 without you on the plan.

[Runtime Error]

I get the feeling that the divorce and subseqent relations are not all that amicable....

In any event, at this point in the game, you are likely better off just sucking it up and paying it out. If it were the very beginiing of the plan, I would probably think differently, but since you are relatively close to the end, its likely not worth the hassle it will cause. Just my .02 worth.