I've got some questions?????

[walkthaplank]

You will get no help from the trustee or the BK court. Like others have said, you are irrelevant to the process and you are actually in a worse position than she is. You don't own a house (by court order), but you are responsible for the mortgage until she ensures that you are not. I think you are going about this the wrong way, she has had plenty of opportunity to follow the family court order and refi or sell the house. Have you talked to your lawyer about maybe getting the family court to order the sale of the house?

Judges have egos the size of Texas, that she has deliberately flaunted a court order just might get that judge riled up enough to do something about it. Unfortunately the family court judges hands might be tied until her plan his confirmed or her case is dismissed.

[rrockinggramma]

frankly, if you were my ex I would have tried to do whatever I could to get you completely off my back. But alas I am not her. And you have not stated and she is not here to defend herself whether or not she tried to refinance and couldn't because of the economy. I have been through 2 divorces and nothing ever goes as planned.

Do you have children? If so, that is probably why she is trying to keep the house.

However she is the one that has to realize she doesn't have the money to keep it up. If she is at her confirmation hearing, then the 341 is past. You most certainly have the right to object but what exactly are you objecting to?

that it isn't going the way you want, which is to have her refinance (which no one can do right now) or sell the house (you obviously haven't been watching the market free fall in housing, no one is selling anything right now that isn't at a firesale price) so she probably sees herself as "stuck" just as you do. She can't refinance and she can't sell. Of course her other option is to walk away, which in BK will only put the burden of the deficiency balance owed on the house on you AND a foreclosure on your credit to boot.

So her choices are limited and she is probably trying to do what she can. In addition, the thought of losing one's home puts some people into a panic. She has filed for BK I am sure thinking that that will save her or help her out. But if she can't make the payments, she will eventually come to the realization that renting might be more suited to her needs. However you can't FORCE her to come to that conclusion.

Now going to the confirmation hearing and/or objecting to the confirmation is your right.

However, the trustee of the bk court will ONLY care if her plan is funded and YOUR objection will have to prove that she does not have the means to fund her plan. She obviously has some kind of job and if she is only paying 4?? something a month, she obviously has had to go through the means testing and provide pay stubs etc that prove she has the funds to make this payment each month.

Your issue is probably best served in your divorce court where you can claim that she had 30 days to remove your name and didn't do it. The trustee will NOT care in BK court that she didn't do it.

However in this economy everyone would understand why she didn't do it or she couldn't do it.

Honestly she probably wants nothing more than to have you off her back and out of her life as well but she is probably trying to do the best she can for her family with the resources available to her.