Ex is filing BK on divorce settlement. Roughly $130,000. He has taken lavish mexico vacation this past year, purchased a $20k motorcycle with cash (seller will swear under oath to purchase) and is claiming his fiance as a dependent on his schedules when in actuality she has lived at a home her parents own since Aug. 2009. He filed in Nov and owns his own home (I am still joint on loan). He has also omitted one of the judgements he owes me and understated the other by about $20k. I do have a lawyer, I already know that alimony cannot be discharged, this is not alimony it is property settlement distribution. He sold our other home Aug 08 and pocketed 70k proceeds. I simply want to know if his lavish spending habits over the past year will be considered when he is trying to discharge only my debt out of all debts he owes. Also, is she technically a dependant since she does not live in his home? What about omitting debt to me? I know I have posted a few times with similar questions, but this is just eating at me and I don't have a meeting with my attorney anytime soon. Any thoughts, advice?? My attorney has scheduled a deposition and is objecting to confirmation for filing in bad faith....we have not gone over details yet. It just seems so crooked what he is doing and he has the means to pay. OH...one more thing, he runs a small trucking company where he leases one of his trailers to another guy and takes a percentage of his loads. He lied about this income. Can the other persons records be subpoenaed? Can his girlfriends financial info be subpoenaed? Ok..THANKS!
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All you can do his continue to object to his confirmation, as you currently are doing and see how it plays out. I hope for you that your attorney is working on commission, as this could cost alot of $ to fight. There is a good chance that the attorney fees will exceed what you would receive in his chapter 13. Good Luck.Chapter 13 Filed (Pro Se) - 9/30/09
Confirmation Date - 12/1/09
Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage
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