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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My Ex husband and I filed a Chapter 13 Bankruptcy in Jan of

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My Ex husband and I filed a Chapter 13 Bankruptcy in Jan of 2011. We divorced in Dec. of 2012 and my bankruptcy attorney informed me in 4/13 that I had to make a decision; dismiss my name out of the 13 or File a Cht. 7. Well, my ex is responsible for all debts in the marriage so I opted to dismiss my name out of the 13. My debts stayed on the 13 and he paid them till Jan of 13 when he lost his job. Meanwhile, the attorney won't talk to me because he says I am now a "creditor"? Anyway, since Jan, 2 bills have been sent to me via collection agencies and the BIG problem is the student loan debt that was being paid until Jan. ($90,000 that I foolishly signed for for my daughters) are becoming due. Is there a form my ex can sign (he already signed a mediation agreement agreeing to pay this) to solidify this agreement? Q. There are 5 loans and if I consolidate them I'm afraid when he does get a job he won't be able to continue the 13 and start over with my debts

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

This is a common problem,

WALLSTREETESQ :

your ex spouse could sign a Court order directing him to pay these debts, which through the divorce settlement seems to have happened already,

WALLSTREETESQ :

but that is not the best way to handle this matter,

WALLSTREETESQ :

you should consider a chapter 7 for the debts in your name, that is your only protection,

WALLSTREETESQ :

if your ex lost his job, he would not have the ability to pay, and the creditors, do not remove your liability, because of a divorce order,

WALLSTREETESQ :

they do not have to relieve you of the liability,

WALLSTREETESQ :

so your options are a chapter 7, or a settlement, and then force your ex spouse to pay you back,

WALLSTREETESQ :

for any debts that you had to pay,

Customer:

But the student loans won't be discharged thru a 7. If I file a 7 and include the student loans, then when he continues the 13, which I'm hoping he can, he loans won't be on them. --My point is he's getting a job in 2 weeks and i'm hoping he'll continue the 13, then filing a 7 would be moot right/

WALLSTREETESQ :

no, he would file a personal chapter 13, you could not be on it,

WALLSTREETESQ :

since you are divorced, and his prior case is dismissed,

WALLSTREETESQ :

if the prior case has not been dismissed, and he can make the plan payments,

WALLSTREETESQ :

that would be to your benefit, and you can avoid the chapter 7.

Customer:

Thank you.

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