Hello all, This is my first post. Our story is so complicated and has dragged on for literally years.
Background: My fiance had a divorce order (2008) that included property division. He was to get the second home, and her the other, and he would owe her $100,000 to split differences. She was to sign off of the deed, enabling him to get the pre approved loan to pay her off. She refused to sign off. He could not cough up that kind of cash (not even close without said loan) and was also stuck with all the marital bills as well. (long story, not a smart move on his part) When he couldnt pay the third $25,000 installment, the court handcuffed him. They held him in the back stage or whatever area. Then the Judge said if he emptied out his accounts and gave it all to his X he can stay out of jail. He cleaned out his accounts to stay out of jail....twice
Claimed Bankruptcy shortly after to prevent this judge (ILL) putting him in jail. No money left at all.
Fast forward 4 years, and the BK court in Ill. wouldnt allow him the claim BK since the house was for sale and still in the picture. He moved in with me, in WI and filed again,here in WI. That BK worked. (last year)
Of course his X was not going to stop. Had an adversary action claiming this 100,000 was for Domestic Support Obligations. That didnt fly, and it was denied.
NOW the trustee is saying she is allowing X's "late" claim due to the wording, and that the payments will either have to go up, or make it a "pot plan".
Question: wouldnt you think that because the house was court ordered to sell, and her name was still on the deed at the time of the sale, that this money owed her would not be an issue? I simply cannot understand why he would still owe her after losing the house and absolutely no funds were made at the sale. (zero money made in sale) and she refusing to sign off. This ILL judge is not known for his fairness (and that is putting it nicely)
Our lawyer says no, you cannot reexamine this issue. To me, her not signing off and having the court force you to sell the house to pay her off should have been sufficient. (took a huge hit on the sale price due to economy) Now she is still on the BK for 71,000.
Trustee said she would not accept an objection...... really? Wow. So now we either have to pull more money out of thin air, or it goes to the "pot plan" and X still gets a slice. I guess that would be the best case, because it would not change his plan, but really, I dont see how they can force higher payments after it has been oked.
All thoughts are welcome here, it is very complicated, but then again, dealing with a Psycho is a full time job that never ends.
Background: My fiance had a divorce order (2008) that included property division. He was to get the second home, and her the other, and he would owe her $100,000 to split differences. She was to sign off of the deed, enabling him to get the pre approved loan to pay her off. She refused to sign off. He could not cough up that kind of cash (not even close without said loan) and was also stuck with all the marital bills as well. (long story, not a smart move on his part) When he couldnt pay the third $25,000 installment, the court handcuffed him. They held him in the back stage or whatever area. Then the Judge said if he emptied out his accounts and gave it all to his X he can stay out of jail. He cleaned out his accounts to stay out of jail....twice
Claimed Bankruptcy shortly after to prevent this judge (ILL) putting him in jail. No money left at all.
Fast forward 4 years, and the BK court in Ill. wouldnt allow him the claim BK since the house was for sale and still in the picture. He moved in with me, in WI and filed again,here in WI. That BK worked. (last year)
Of course his X was not going to stop. Had an adversary action claiming this 100,000 was for Domestic Support Obligations. That didnt fly, and it was denied.
NOW the trustee is saying she is allowing X's "late" claim due to the wording, and that the payments will either have to go up, or make it a "pot plan".
Question: wouldnt you think that because the house was court ordered to sell, and her name was still on the deed at the time of the sale, that this money owed her would not be an issue? I simply cannot understand why he would still owe her after losing the house and absolutely no funds were made at the sale. (zero money made in sale) and she refusing to sign off. This ILL judge is not known for his fairness (and that is putting it nicely)
Our lawyer says no, you cannot reexamine this issue. To me, her not signing off and having the court force you to sell the house to pay her off should have been sufficient. (took a huge hit on the sale price due to economy) Now she is still on the BK for 71,000.
Trustee said she would not accept an objection...... really? Wow. So now we either have to pull more money out of thin air, or it goes to the "pot plan" and X still gets a slice. I guess that would be the best case, because it would not change his plan, but really, I dont see how they can force higher payments after it has been oked.
All thoughts are welcome here, it is very complicated, but then again, dealing with a Psycho is a full time job that never ends.
Thank you Des.
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