Ex filing Chap. 13 just to get out of paying whats in our divorce decree

[maci1818]

My ex husband filed Chapter 13 to get out of paying a 45.000 Heloc loan we took 2 years before our divorce to pay off his bad debt.
That being said its in our decree that he agrees to keep paying ( the loan is in my name)
He stopped and filed Chapter 13.

He has a loan with his mother that he did not list 300 a month.
Can he pick and choose the debts he wants to discharge?


He also lied about his monthly expenses.
stating he pays more for living expenses then he actually does since he has a roomate.
Can i ask that he produce stubs that he pays these things on his own?

[tigergem]

There are two things to consider here. First of all, since the loan is not in his name, as I'm sure you are already aware, your divorce decree does not take precedence over ANY loan agreement. Generally the only way you can remedy those kinds of defaults is to pay it, and then sue the ex in civil court for contempt of the divorce order.

In this case, since he filed Chapter 13, if he obtains a discharge, he will also be discharged as to YOU unless you file a claim. So don't delay in doing that.

Sure, you can file an objection to confirmation with the court. Do you have any proof of the allegations you are making? If not, you would state the information on "personal knowledge and belief".

[maci1818]

I took him to court for Contempt Sept 13.
However he filed Chap 13 the night before to get out of paying
So we could not be heard in court
However he filed out a financial affidavit there that was under oath.
Since his BK atty was not there to tell him what to put he was honest.
It does not match his BK schedule that he completed the day before.
So it states he has a monthly income of 4800 a month
with approx 2500 in monthly bills
one of the bills is his mother a personal loan that he pays her 300 a month
this is preferential treatment to one creditor while the others are getting nothing.

[tigergem]

I took him to court for Contempt Sept 13.
However he filed Chap 13 the night before to get out of paying
So we could not be heard in court
However he filed out a financial affidavit there that was under oath.
Since his BK atty was not there to tell him what to put he was honest.
It does not match his BK schedule that he completed the day before.
So it states he has a monthly income of 4800 a month
with approx 2500 in monthly bills
one of the bills is his mother a personal loan that he pays her 300 a month
this is preferential treatment to one creditor while the others are getting nothing.

That is why I said you have to file a CLAIM with the bankruptcy court, so you can get distribution under the PLAN. If you have documentation that indicates that his income and expenses are different than he put in his bankruptcy schedules, then file that along with an objection to confirmation. Especially if it is his own documentation that he provided recently as evidence to another court. That is simply beautiful. A gift. Use it.

[maci1818]

yes I have my proof of claim all set to go.
I logged onto pacer earlier and there was a new message that he forgo to file somthing they gave him until a certain date and if it not filed properly it will be dismissed.

[tigergem]

Well wishful thinking is ok, but don't count on that or hold your breath. That is something his attorney should take care of. You just take care of your own business on time.

[maci1818]

The only thing I am unsure of is if my debt is considered secured or unsecured. Its a Home Equity Loan. However he owes me not the bank. Is this then considered unsecured.??

[tigergem]

I be inclined to agree that it is unsecured. You need a more expert opinion than mine on that, though.