UNbelievable!

[CoBelle]

I had a hearing on Monday. At first, it was to decide whether or not I had enough income to fund a Chapter 13 plan.

Ex's lawyer actually told the judge that I needed $480,000 DOLLARS (not pesoes) in hand to be able to fund my plan payment of $443/mo and my living expenses.

Yep, you read that right. Worse, the judge actually was listening to him and also to his saying that my retirement money in a money market account wasn't 'accessible' (There was the word 'reserved' under 'account' in my statement and he said it meant that I couldn't access the funds. (then the judge asked my attonrey if she had proof other than my testimony that the funds were accessible....and even tho I gave her a letter from the fund manager so saying, she couldn't find it...unbelievable, but that is another story.

Next, the Friday night before the Monday morning hearing, ex 's lawyer decided to amend the motion to dismiss by saying that my investment property that I've been paying on for 3 years wasn't necessarily REAL because altho I'd provided sales agreement, promissory note, Deed of Trust, photos , letters, and maps....I didn't have the DEED. Think about this: how many of you have the deed to your house or the title to your car? I've paid both off and I still don't have a deed. WTF.

My attorney, whom I'm convinced was trying to get my case dismissed so she could withdraw (and keep the change ...10k) is actually just not cut out for litigation. Or exhibit books, or getting in evidence, or keeping evidence out. She nver heard of the words: objection, take judicial notice, hearsay, prejudicial to my client...etc. I did the best I could (prepared the exhibits but she 'lost' a few and messed uip the order of the rest while putting them in the exhibit books; I wrote out questions that were needed to get the evidence into testimony and the rebuttal questions when ex's divorce attorney spent over an hour testifying to anything but the issues (objection...relevance) and even the closing argument...well part of it. But she just didnt do much and seemed quite intimidated by the 3 lawyers on the other side.

I've tried to find a replacement but she won't free up any of the money I've paid her or am paying her through the plan. And yet another, more complicated hearing is coming up.

Well, just venting. But I did make her say, in closing argument: Your Honor, I don't think I have ever heard of a Debtor being required to prove they had half a million dollars cash in hand before they could be eligible for bankruptcy.

[ccsjoe]

Wow. That's all, wow

[newbie2]

I had a hearing on Monday. At first, it was to decide whether or not I had enough income to fund a Chapter 13 plan.
Ex's lawyer actually told the judge that I needed $480,000 DOLLARS (not pesoes) in hand to be able to fund my plan payment of $443/mo and my living expenses.

If I recall correctly, you did state that on your petition you had almost $8000 a month in expenses listed. That would add up over the 5 year plan to close to that amount. Did you ever amend your petition to show less income and less expenses?

Next, the Friday night before the Monday morning hearing, ex 's lawyer decided to amend the motion to dismiss by saying that my investment property that I've been paying on for 3 years wasn't necessarily REAL because altho I'd provided sales agreement, promissory note, Deed of Trust, photos , letters, and maps....I didn't have the DEED. Think about this: how many of you have the deed to your house or the title to your car? I've paid both off and I still don't have a deed. WTF.


It sounds like it's a bit different in Colorado. I'm in Michigan and we receive the deed to our homes shortly after it is recorded with our county. We also receive the titles to our vehicles (either with a lien holder showing, or not) upon licensing them with our state. Could you go to your recorders office and obtain a copy of the deed?


Well, just venting. But I did make her say, in closing argument: Your Honor, I don't think I have ever heard of a Debtor being required to prove they had half a million dollars cash in hand before they could be eligible for bankruptcy.

You have to understand, you filed a Chapter 13 plan. Much different than a Chapter 7. If your plan wasn't amended to show much less income and expenses, then yes you would have to prove that you have a way to fund the plan as set forth in your petition. Everyone has to prove that they can fund their plans (job income, retirement income, etc.) Your case is a bit unusual because you are funding it mainly from retirement savings and not job income.

Good luck to you, I do hope you have resolution soon.

[Pandora]

sorry to hear this CoBelle. I hope everything works out for you. I know you and I talked about this very thing a few weeks ago, where your income dropped from the 8K to $1200 and possibly a bit more from your retirement fund, and amending your schedules. Did you ever do that?

Like newbie2 - here in VA once our vehicles and/or houses are paid off - receiving the titles and/or deeds takes on average, about 45 days. I dont understand why in 3 years you havent received it - did you call at any time and ask where it was? I'd be chomping the bit if I hadnt received it after 2 months, let alone 3 years. As noted, your county records should have it recorded as "satisfied or paid in full".

[CoBelle]

I just lost another post. ARG.

No, re amending schedules, my attorney does the opposite of whatever should be done, it seems. Inept or deliberate...I can't decide which. But 10k is a lot of money to walk from and good litigators are few and far between.

When I first bought my investment property, the collateral was in my state, so it was recorded in the county where located. But ex objected and I had to redo the purchase using the land itself as collateral and the land is located in Costa Rica and therefore recorded under CR laws which keep the DEED in the National Registry archives. The DEED only gets registered WHEN the land is paid in full and it isn't.

I do have to get that car title though..maybe when I have a minute that isnt' spent dealing with legal stuff and trying to keep my house.....

Thanks for the info, Pandora!

[newbie2]

No, re amending schedules, my attorney does the opposite of whatever should be done, it seems. Inept or deliberate...I can't decide which. But 10k is a lot of money to walk from and good litigators are few and far between.

Something must be going on...I can't imagine an attorney not wanting to amend schedules when there is an almost $6000 in income / expenses from the filing date to the present. Have you actually asked her about why she hasn't amended the schedules to reflect your current income (and true projected income) ? If you did, what was her response?

[daytona]

What kind of "retirement account" do you have? 401k, IRA, profit sharing, 403B, 457? Any and all of these are 100% exempt from creditors up to ~1.2MM.

[CoBelle]

Yes, it's rather complicated: I had to file in June to save my house. My 6 month 'look back' included short term alimony in addition to my income. I noted on the petition that alimony ended in August but that I was requesting an extension in state court because of substantially changed circumstances . (Ex refused to transfer my share of the property settlement from 2005 to me; without it, I still needed alimony).

Yes, my retirement money is all exempt BUT without any other income I have pledged that money to use to pay my plan payment based on the old income and expenses. Basically, I figured that the state court would extend my maintenance (if I get a fair judge) so that I might as wwell try to get confirmed and pay a higher amount rather than try to get a lower payment.

Bottom line, ex will try anything to get my Chapter 13 BK dismissed so that he can sell the house instead of letting me buy out his share. Now we have to see if the judge can sort through all of this and decide that I should at least bre given the opportunity to try. (And I offered to escrow all 5 years worth of plan payments from my retirement funds just in case I dont get any more alimony or other income.)

But now he's trying to get the court to turnover the house to the Receiver who was appointed by state court to sell the house for our benefit (as there were no creditors at the time of the appointment). Receiver and ex are friendly and the Buyer is ex's intimate friend so a not at arms lenghth transaction that only benefits ex. This hearing is even more important because if the court finds I don't have enough income, I can always convert to a 7, but if the court gives the house back to the Receiver, I'm homeless and don't even get my homestead exemption from the lowball sale (due to ex filing liens on our house so that he gets something while depriving me of my 60% share ).

Whew....that was a lot of stuff to write!!!!!

[daytona]

Wow, I wasn't expecting that! I'm glad to see I am not the only one who is (going to be in my case) involved in a very complex case. Look at what we are learning though...LOL.

[CoBelle]

Oh Daytona I sure hope you aren't dealing with a nasty ex in addition to your bk! I wouldn't wish that on anyone.
But you are right....we sure are learning a lot aren't we?