Cahpter 13 & Divorce

[stay]

Recently filed chap. 13 because of a divorce. My divorce is not yet complete, and I am worried about my spouse being awarded some of her attorney fees. If she is, can I request an amendment to the plan as my disposable income would decrease?

[rrockinggramma]

well that might be considered post petition debt. You need to ask your attorney if that would be the case, if so, then you would just have to pay it the best you can.

[stay]

My wife's BR attorney is requesting the plan to be amended and read that I cannot discharge any obligations to her after the filing of the chap. 13 petition. Not sure if this would be classified as post petition debt. Been having trouble getting my lawyer to respond. Guess that's what I get for hiring one that charges a flat fee.

Thanks for the response.

[lrprn]

My wife's BR attorney is requesting the plan to be amended and read that I cannot discharge any obligations to her after the filing of the chap. 13 petition. Not sure if this would be classified as post petition debt.

Unfortunately bankruptcy and divorce laws can sometimes conflict since the bankruptcy law is national and state, and the divorce laws are state only. They make very uneasy partners when both are active at the same time.

Do you have a lawyer representing you in the divorce? You need someone to push back on the request to amend your Ch 13 plan.

Have you had your 341 meeting yet?

[stay]

Oh boy, now the complications. My divorce lawyer just withdrew, she was a flat fee and got in over her head. I was not impressed with her, so I let her withdraw. My wife has spent almost 40K for her divorce attorney and wants me to pay some. Her attorney is very very good. I have had my 341 meeting, and my wife's BR attorney objected on 3 issues. I agreed to 2 of them, and went to a hearing on the last where he was denied. Now he is objecting to several other things. My BR attorney claimed this guy is "hedging" the BR. I paid a flat fee for my BR attorney as well, so not sure how much incentive he will have to push back. Unfortunately I am broke (imagine that) so not sure I will be able to hire another divorce attorney or br attorney for that matter.

I am thinking about doing a consultation with another br attorney. Just thought I would check here before I did. I have learned a lot reading through the posts and can't thank you all enough.

[rrockinggramma]

sounds like you need to stand up and fight back. And sounds like your attorney ist trying for your best interest. Do you qualify for a chapter 7?

[stay]

The only way for me to qualify for a chap.7 is if I kept the marital home. It is now about 20K to bring the mortgage current. It no longer has any equity and is an interest only loan, the principle kicks in next year. No way I could afford it or refi. it. My BR lawyer seems to be ignoring my wife's lawyer's request to modify the plan at this point. Maybe he is pushing back, just very little communication from him.

[forgotten]

My wife has spent almost 40K for her divorce attorney and wants me to pay some.

It amazes me when I hear things like this. Unless you have tons of assets, cash, equity, etc in dispute why in the world would one party spend $40k+ in divorce attorney fees?

I don't know your situation (and i'm not asking), but you are looking at BK, need 20k to bring the mortgage current and have no equity.
What can be gained by spending 40-60k on attorney fees?

I've never been through a divorce, so excuse me if its a stupid question... I just don't get it.

[stay]

It amazes me how much she spent in attorney fees as well. I make a pretty high income and she just had the belief there was money stashed everywhere. She doesn't seem to understand we had a lot of debt as well. She also was under the impression there was a ton of equity in the house. The divorce court made me pay all of the debt and huge child support, as she was working part time and making nothing. She has a degree and is capable of working full time. I'm sure her attorney bought into there being a pot of gold somewhere. I paid on everything as long as I could, when I stopped paying on the house she took me to court. I was ordered to bring the mortgage current or go to jail. I filed chap 13 the day before the deadline. The divorce from hell, now she is trying to make my bankruptcy even worse.