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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2863
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I have been recently divorced. I lost my job on the same day

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I have been recently divorced. I lost my job on the same day of the divorce. I have put in for a change in circumstance, but the court schedule keeps getting delayed. I was ordered to pay Child support (which I have been paying) and Opposing Counsel Attorney fees, and other items the court requested. The problem is that it has been 2 months since my change in circumstance and I have requested the court if I could reduce my monthly payments to pay her attorney fees and to defer some of the other fees I was ordered to pay.

The problem is this - the court will not answer my request / will not give a response to my change in circumstance. And I am at a point where there is just no more money to pay CS, Attorney fees and the mortgage. (The marital home was ordered to be sold but is has negative equity).

Will filing bankruptcy help me? Will it clear me for the mortgage payments? Will it allow me to not have to pay the attorney fees for opposing counsel? I am doing everything I can to continue with the child support, but I cannot handle all of it - without employment. State of Atlanta, Georgia

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Bankruptcy can absolutely help you.

Terry L. :

2 choices.

Terry L. :

Chapter 7 to wipe out all consumer debts, credit cards, medical bills etc.

Terry L. :

As for support and domestic support obligations - those don't discharge in chapter 7 bankruptcy, just like educational debts.

Terry L. :

Chapter 13 though, may help

Terry L. :

You can pay off any CS or domestic support arrears over the next 3-5 years.

Terry L. :

The mortgage can be surrendered in full satisfaction in either chapter, so that can help too.

Terry L. :

You'd be off the hook for the mortgage in either case.

Terry L. :

As to the attorneys fees, they are dischargeable, unless they are determined to be domestic support obligations.

Terry L. :

If they are determined so, they won't discharge in chapter 7, but can be paid back in the chapter 13

Terry L. :

Chapter 13 will require income though, so you would have to show that you could afford the monthly consolidation - so you may have to wait until you are working to make that happen

Terry L. :

in either case, meet with a local bankruptcy attorney, they can review the order for the attorneys fees to see if it would be dischargeable in chapter 7.

Terry L. :

Chapter 7 may help wipe out a lot for you, and then you can focus on paying back the support

Terry L. :

Let me know if you have any further questions. Sorry it sounds like this all came down on you at once, but there is hope, so hang in there!

Terry L. :

Terry

Customer:

Thank you.

Terry L. and other Bankruptcy Law Specialists are ready to help you