I fired my lawyer today

[cz3ch]

After going through a messy and confusing time with my chapter 7 to chapter 13 conversion and not getting answers to important questions I decided to fire my lawyer and hire a new firm.

The new firm has multiple lawyers and is looking at my case from numerous angles to provide me with the best outcome possible. In the interim I converted to a chapter 13 so a lot of my worries about assets being taken/etc have been quelled.

They brought up a lot of good points regarding my assets such as my car being paid for with community funds (my divorce is pending), her car being paid with community funds which generates a community interest for me. I had no idea that this could become an issue.

They instructed me to separate the property on my divorce decree but regardless as long as I have enough money to pay for a plan the Chapter 13 trustee wouldn't try to go after any assets.

Just wanted to get some feedback on this and if anyone could enlighten me on how assets are handled in a chapter 13 when someone makes enough money to satisfy a 100% plan.

Thanks in advance.

[despritfreya]

Stop!!!!

All property acquired after marriage (with the exception of real estate or inheritances) is in the nature of community property. Generally, all community property becomes property of the bk estate upon filing (See 11 USC 541(a)(2)).

Go back to that attny and remind him/her that the pending divorce CANNOT divide community property UNTIL the automatic stay has been lifted to allow for the division of property of the estate. Point the attny to 11 USC 362(b)(2)(A)(iv).

Des.

[cz3ch]

My bankruptcy attorneys have advised me to have the divorce attorney file a motion for relief from stay so that my divorce can proceed. My divorce attorney will be filing this, if not the bankruptcy attorneys will file it for me as they do family law as well. I heard about this in my meeting yesterday and freaked a bit. I'm glad it was caught now instead of after the fact.

Thanks for your feedback as always Des.

[justbroke]

I feel so sorry for what you're going through, but this is just getting real messy. Certainly make sure your divorce attorney is competent and understand that which Des pointed out. While Des may say that Divorce and Bankruptcy are done in concert more often than I realize, but I think it's just too messy.

[cz3ch]

I agree, it is messy. I have my attorneys working on this and other issues to make sure it runs smooth. All I can do is trust in them and let the chips fall where they may. If my divorce attorney doesn't stay on the ball I'll be firing him too and let my bk attorneys finish out the divorce since they also do family law.