Motion to Dismiss for Lack of Income

[CoBelle]

As you may remember for when I posted under ColoradoBell, me ex-husband just loves to litigate everything to death. This, and his refusing to give me the property I was awarded in the divorce back in 2003 led to my filing for BK in 2010. And now he will try to litigate the BK to death too.

First on the agenda is his filing a motion to dismiss my BK for alleging I have no income.
True, short term alimony ended 2 months after I filed, but there are certainly grounds for extension which I have filed. I've read that I can use any source for income, even selling of assets. (Moran Law) I'm retired and plan on accessing my IRA which has enough money to pay both the plan payment and my listed expenses. I have social security. If I can keep the house (as in my plan) I will have rental income from an apt.

Do any of you see anything in the above that might give the court reason to dismiss?

_______________
Yesterday, ex amended his motion to dismiss and now states that I have too much unsecured debt to qualify...This is pretty funny as he cites my investment property as UNSECURED debt even though he offers as evidence the Deed of Trust which certainly evidences a SECURITY interest. (Maybe its me that doesn't 'get it' but it sure seems like his attorney is an idiot.) What do you think he is trying to pull here?

Finally, at the hearing do I simply have to PROVE that I have income and that's it?
(Yes I have a lawyer but she wants to withdraw rather than litigate, so I'm not overly trusting of her ability right now)

[newbie2]

First, you're a gutsy lady. I doubt I could continue to fight on with all that you have.

As far as having income, make sure that what you show the judge at the hearing is what you can produce now. (IE Don't use future "hopeful" income like an extension on your alimony, or rental income, as neither is income you have now or is guaranteed.) Make it all plain and simple: X amount from your IRA each month combined with your SS income would make the plan payments.

Good luck to you.

[CoBelle]

Thanks newbie...I think I understand what you are saying. Forget 'potential' and just go on what it is right now. Sounds good to me!

[Pandora]

Sorry you're going through so much CoBelle, sounds like quite the mess. I would like to comment on something however - yours is a unique case, one that could be picked out easily on a forum board, and given the in-depth details you provide and have provided over the course of time, do you think its possible that your ex and/or his attorneys stay one step ahead of you due to that? Or will know what your intentions are prior to anyway... While you may think that they would never read a forum board or figure out who is who....again given your situation, I think its pretty easy. That goes for your own lawyer, the judges, etc - I know you've posted about all of them when you were under your old user id. Maybe not the wisest thing to do if some of them are as corrupt as you believe them to be

Something to think about.....

[despritfreya]

Pandora has an excellent point. While I do not necessarily believe in "conspiracies", this is something to definitely think about.