I am 2 years into a chapter 13. The plan was originally confirmed based on my salary as my ex never held a job. We separated a year ago. I am paying $1135 a month and so far he has not contributed ONE CENT. It is very frustrating!!!!
Our total claims were around $200,000 (base $68,100 with 6% to unsecured). He has been working the last year but while he makes under our state's median I make a lot more. I'm not totally sure of his income but I'd guess it is around $30,000 a year while my income is closer to $130,000 a year.
To make matters even more frustrating the bankruptcy lawyer dropped my case when I told him about the split. There aren't many bankruptcy lawyers in my area that will handle Chapter 13s. The one I spoke to today told me it would be a waste of money to hire him since I can afford my payments. Although now my rent is higher and I'm shelling out $400 a month in child support (even more frustration...we share the kids time 50/50!!!). So should I be asking for a modification to pay less???
Does anyone know how I should handle our property settlement in the divorce? Since supposedly we are both entitled to half the assets and half the debt...should I be asking him for half the $1135 per month from the time we split through the entire 60 months? Since he now makes under the median can we split the debt into two cases and allow him to convert to 7 while I continue paying mine as a 13?
Our total claims were around $200,000 (base $68,100 with 6% to unsecured). He has been working the last year but while he makes under our state's median I make a lot more. I'm not totally sure of his income but I'd guess it is around $30,000 a year while my income is closer to $130,000 a year.
To make matters even more frustrating the bankruptcy lawyer dropped my case when I told him about the split. There aren't many bankruptcy lawyers in my area that will handle Chapter 13s. The one I spoke to today told me it would be a waste of money to hire him since I can afford my payments. Although now my rent is higher and I'm shelling out $400 a month in child support (even more frustration...we share the kids time 50/50!!!). So should I be asking for a modification to pay less???
Does anyone know how I should handle our property settlement in the divorce? Since supposedly we are both entitled to half the assets and half the debt...should I be asking him for half the $1135 per month from the time we split through the entire 60 months? Since he now makes under the median can we split the debt into two cases and allow him to convert to 7 while I continue paying mine as a 13?
Bankruptcy Wizard
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