Ex's severed case dismissed

[Staceyt]

Earlier this year my chapter 13 case was severed from my ex's chapter 13 case. He has since had his case dismissed for hiding his income. I am still paying (14 more months). Can the trustee sell any of our community assets or are they protected by my case?

We still have not settled community property in the divorce. Does anyone have advice on how I can use his non-payment to keep more of the community assets?

The taxes, vehicles, and land have already been paid through the plan. All that remains is credit card debt (~$60,000). Sometimes I wonder if it is even worth continuing to pay.

[LadyInTheRed]

Community assets are protected from the automatic stay. As long as your divorce is finalized before you a discharged, your share of the assets will be protected. I doubt you can use the dismissal of his case to get more of the CP, at least not formally. If he has assets that are vulnerable to collection by creditors, you could suggest that he might as well let you have them instead of the creditors.

Unless your plan payments are over $4K a month, of course it is worth continuing to pay to get that debt discharged. Stay the course. You've come this far. Don't give up now.

[Staceyt]

Thanks for the pep talk

How will the creditors know that his case was dismissed? Is there any way I can tell if creditors are taking legal action against him?

I want to make SURE he doesn't give up any property that is still half mine (since our community property settlement is not complete yet).

[BKAttyMI]

You need to make sure your divorce attorney and bankruptcy attorney are working together to make sure both cases "mesh" together. It is important that your divorce attorney have knowledge about how your divorce is going to have an impact on your bankruptcy case.

[AngelinaCat]

How will the creditors know that his case was dismissed? Is there any way I can tell if creditors are taking legal action against him?

How did you learn that your ex's case was dismissed? Did he tell you? Or did you get a notice from the court? If you got a notice from the court, then most likely everyone on your Creditor Matrix got the same notice.

This makes me wonder also if notices were sent out when your case was severed from his? I would think they would be.

[Staceyt]

I was watching pacer.

I started the process to sever earlier this year when I received a letter from the trustee asking why the ex had not reported any income for the last 2 years but was showing income on his tax returns. So I had an idea that his case would be dismissed, which is why I was watching pacer.