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Help.. so confussed and have no clue what is going on

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    #1

    Help.. so confussed and have no clue what is going on

    some of you know my situation if not here it is briefly.

    I am the Creditor against my ex husband. Took a Heloc 6 months prior to our divorce to pay "his debt" off. 50K 15years 425 a month

    The loan is in my name through the bank but they made him sign for the mortgage as well.

    We divorced he stopped paying about 8 months later.
    Filed Chapter 13 to get out of paying me.
    He listed me as a creditor with the debt being unsecured.
    At the 341 I produced the mortgage deed with his name.
    I also filed my prrof of claim as secured.
    His repayment plan is 100 a month for 36 months.

    Trustee filed that he did not recommend confirmation due to the fact he wanted him to redo his schedules to show the secured debt.

    Well the long and short is his lawyer is not refiling and they are going to go to the confirmation hearing and going to challenge it.

    Ive confirmed with the bank this is his debt as well.
    The bank has not been added to the creditors Matrix and has not filed a prof of claim since they were not notified ( I also still pay since its my credit)

    What do you think will happen at the confirmation hearing.
    Tags: None
    #2
    I'm not understanding how it can be his debt if you took it out and signed for it? While the org. deed may be in both names, you opted to take out the 2nd in your name alone, and pay his bills - but the house is yours, in your credit and name.

    Did your husband sign the original mortgage note when you purchased the house or did you just put his name on the deed? There's a huge difference between the two.

    Comment

      #3
      He is not on the Home
      deed.
      He on the mortgage Deed.
      I have this confirmed by the bank that he is just as liable as I.
      If I stopped paying they would go after him
      I have all my mortgages we have refied many times prior and his name was never on them.
      The bank even stated it was probably an error on there part but its in black and white.

      Comment

        #4
        Usually, a trustee objection is just that......an objection. It is up to the judge to decide what is allowed and what is not. My guess is that he will try to convince the judge that the debt is unsecured. It is his only chance to do the ch 13. If the debt is ruled as secured then he would have to pay the whole amount off in 5 years and the payments would be too high.

        Hopefully, the trustee will argue that the debt is secured and the judge will rule in the trustee's favor. I think you can also file an objection to his confirmation and have an attorney of your own argue the case. It sounds like there is plenty of evidence that the debt is secured.

        Maybe JustBroke or Des can help if they are reading this........

        Comment

          #5
          Do you know when your ex-husband's 341 is? If you do, and it has not happened yet, you really ought to go. Speak up and tell everything you have said here. Get it on record and on tape. The 341s are taped and the debtor is sworn in and is under oath to tell the truth.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

          Comment

            #6
            Originally posted by Cristo View Post
            Usually, a trustee objection is just that......an objection. It is up to the judge to decide what is allowed and what is not. My guess is that he will try to convince the judge that the debt is unsecured. It is his only chance to do the ch 13. If the debt is ruled as secured then he would have to pay the whole amount off in 5 years and the payments would be too high.

            Hopefully, the trustee will argue that the debt is secured and the judge will rule in the trustee's favor. I think you can also file an objection to his confirmation and have an attorney of your own argue the case. It sounds like there is plenty of evidence that the debt is secured.

            Maybe JustBroke or Des can help if they are reading this........
            well I don't think its an objection its the form that is filed after the 341 and its checked trustee does not recommend discharge. Schedules A & J must be redone

            Comment

              #7
              [QUOTE=AngelinaCat;469403]Do you know when your ex-husband's 341 is? If you do, and it has not happened yet, you really ought to go. Speak up and tell everything you have said here. Get it on record and on tape. The 341s are taped and the debtor is sworn in and is under oath to tell the truth.[/QUOTE

              341 has already happened

              Comment

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