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Chapter 13 in South Carolina

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    #1

    Chapter 13 in South Carolina

    A couple of months after filing chapter 13 my wife and I seperated. They are taking 50% of the trustee payment from each of our checks. She has just lost her job, will they take the whole amount out of my check. My attorney recommends chapter 7 conversion but I can't get my future ex wife to go see the lawyer.

    Thanks
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    #2
    I would visit with your attorney. From what I understand, they can split a chapter 13 due to a divorce.
    (10/28/10 - Filed) (12/09/10 - 341), (1/20/11 - Confirmed)
    08/11/11 - Spouse filed Divorce
    10/11/11 - Payments amended

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      #3
      attorney wont talk to me if she isn't there and they already take money out of both of our checks at basically a 50/50 split. I need to do something soon, the trustee gave us a moritorium and when he sent the check it was made out to both of us and she forged my signature and deposited into her account.

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        #4
        Originally posted by dreadinger View Post
        attorney wont talk to me if she isn't there and they already take money out of both of our checks at basically a 50/50 split. I need to do something soon, the trustee gave us a moritorium and when he sent the check it was made out to both of us and she forged my signature and deposited into her account.
        Go see a divorce attorney. Learn what your rights are. MAKE SURE THEY KNOW BK LAW....IF NOT....MOVE ON....MANY DO NOT....

        Her forgery is a big no-no....obviously mention that to him.

        Do you have any joint checking/savings, stocks, etc. If so, I'd move quickly to take out 50% and open my own private accounts. Don't take 100% - you will look like a thief to the court. She is already going to look bad...you need to have clean hands.

        If your BK attorney won't talk to you (assuming that's what you meant) - see another one ASAP. You need to find out immediately how the 13 is treated while you are married...seeing that you are in essence making 100% of the payments. The bad news is while you are still LEGALLY a couple, your creditors can care less that you are having marital issues.

        One thing I would ask about an attorney is - regardless of your marital status - how can the BK trustee expect you to make payments when your FAMILY income has collapsed?

        What a mess....sorry this is happening to you. If you have kids, focus on them - keep your chin up - and do NOT drag them into this. Don't tell them anything or make any comments about your wife. Trust me on this one. Keep your anger to yourself or call some friends / family when the kids are not around.
        Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

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          #5
          no kids involved and all bank accounts are seperate. I have been very civil trying to get the matter taken care of but she just laughs and says I will go when I have time. Now she is currently unemployed and seems like she knows I will have to start making 100% of the payments. I have sent an email to my lawyer about a week ago and he doesn't respond.

          Comment

            #6
            Originally posted by dreadinger View Post
            no kids involved and all bank accounts are seperate. I have been very civil trying to get the matter taken care of but she just laughs and says I will go when I have time. Now she is currently unemployed and seems like she knows I will have to start making 100% of the payments. I have sent an email to my lawyer about a week ago and he doesn't respond.
            Lawyer = which lawyer? Your BK one?

            Also - are you still living under the same roof?

            If she is unemployed - how is she paying her (half of the) bills?

            Finally - though I am no lawyer I do not this from 1st hand experience: If you file to convert your BK to a personal Chapter 7 - it will put a "hold" on your divorce. You can still file for divorce - but the judge cannot sign off on the paperwork until the new BK case is settled.

            I agree you are in a tough spot. If I were you - my #1 move would be to see a divorce lawyer who knows BK law as well. Hang in there! You will get through this. Many have been in your shoes before...and came out OK when all is said and done.
            Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

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              #7
              Also - just noticed you said you wrote to "my lawyer".

              I am assuming this is your BK lawyer. If it is, he can't respond because he represented BOTH of you and talking to you alone is a conflict of interest.

              Again - step #1 is a divorce lawyer. Even if you are not 100% certain about getting divorced, you are at a stage where you need to know what your rights and options are.
              Over Median Income - 10/04/10--Filed Pro Se Chap 7/ No Assets 11/10/10--341 Held 01/18/11-- No Distribution/No Funds 01/19/11--Not subject to dismissal under 521(i)(1) AND --Reaffirmation Hearing Held = APPROVED 02/10/11--Discharged

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                #8
                not under the same roof and she is not paying her bills. The bk stopped a foreclosure and she lives in the house, I just found out she defaulted on the house loan and it is in foreclosure again. Cannot file for divorce in SC until April after we have been seperated for one year.

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