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Recent Domestic Support Obligation questions

My husband and I are going through a divorce and up and

My husband and I are going through a divorce and up and filed chapter 13 during a t.o. hearing to pay me spousal support and money for our debt Question how does him filing chapter 13 effect me? I was just sending documents for a loan modification becausei got a little behind on tge mortgage since I was paying all bills for over 8 months by myself. The loan is in his name Can he try and sell the house and pay off his debt with me in it? We have been married for 30 years please advise.

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Maverick

Doctoral Degree

6,360 satisfied customers
I am currently in Bankruptcy under chapter 13th 4 years and

I am currently in Bankruptcy under chapter 13th for almost 4 years and 4 months at first my repayment plan was almost 1500k per month but since I had my new born twins my repayment plan went down to 450.00 per month. Before I will get to the question Ihave to explain my story :my ex wife filed a petition for citation for contempt because I owed 24 k form the very past. The judged ordered me to pay the full amount by September 30th 2015 if I don't I will go to jail. I do work I and I do have a well paidjob but after all the deductions like current child support of $1100.00 plus almost $650.00 for health insurance payment and $450.00 for chapter 13 I do not have enough to pay my bills, also the fact that chapter 13 prevents me from borrowing money from anyfinancial institutions I was not able to get the 24k, becasue of my past life mess I do not own anything simply because I can't afford it so there is nothing to sell even if I want to. Wife and I own only one car and the car is hers, so the house ...I wastold that file a motion to my order which I will I have it all ready and request a hiring so the judge will hear my hardship why I couldn't pay the whole amount at one time. My question is : I heard that chapter 13th of bankruptcy can protect me from goingto jail, but if I will add 24k to it I will have to pay the whole amount if full by May 2016 in order to get the discharge from the bankruptcy. Can you please tell me how can I use Chapter 13 to prevent me to go to jail and how can I work it out. Again I willbe filing motion but my my question is how can I use chapter 13 to help me out? Thank you

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mmdesq

Attorney

Doctoral Degree

926 satisfied customers
My ex-husband is filing chapter 7 bankruptcy in Pennsylvania

My ex-husband is filing chapter 7 bankruptcy in Pennsylvania and I have received a notice for the meeting of creditors. As part of our divorce his military retirement (pension) was divided and I receive 33% of his total retirement. My attorney for the divorce did not file or request that this pension be paid to me directly by the USAF so my ex-husband has been paying it as alimony since 1996.Can his obligation for this payment be discharged under his bankruptcy and do I need to do anything to protect my right to continue to receive my share of his retirement pay?

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37,830 satisfied customers
Circumstances under which a Bankruptcy Court (Federal) may

Circumstances under which a Bankruptcy Court (Federal) may potentially annul a Divorce related (PSA and/or Custody/Parenting Agreements) signed at a State court?Thanks.

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Terry L.

Partner

Doctoral Degree

2,862 satisfied customers
I filed Chapter 7 last year. I included $25,000 that I was

I filed Chapter 7 last year. I included $25,000 that I was to pay my former spouse in a divorce decree. The money was to cover her loans for law school and living expenses because she was not earning an income at the time. I am still a co-signor on the debt and if she were to default they would come after me. Is there case law that exempts me from paying the $25,000 besides the chapter 7?

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Terry L.

Partner

Doctoral Degree

2,862 satisfied customers
I am considering filing bankruptcy but I don't know if I qualify.

I am considering filing bankruptcy but I don't know if I qualify. I have a nonprofit foundation that I put my money into; I just held an event that recouped very little. All my credit cards have been used to pay for the event I held; I also have taken a loan and done a debt consolidation, all done in attempting to get my foundation through its first year of events. So the nonprofit and me are tied together. The two bank accounts show transfers back and forthIn order to file bankruptcy, don't I need to stop the consolidation so that one creditor is not favored over another? No account has been settled yet, but I have a tentative settlement and in order to pay it, I have to put more money into the consolidation account. I know I have to stop paying the loan, again, so my creditors are treated equally.The only asset I have left is some stock totaling a few thousand dollars. I still have expenses from my last event that I need to pay, but my understanding is that I can't sell the stock because that's fraud, even if I use it to pay expenses on my business. Is it just all too difficult to process? The nonprofit isn't worth anything at this point so I was told it won't affect me filing, and I was also told I qualify to file. But I'm nervous about all of this.

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WALLSTREETESQ

Attorney

Doctoral Degree

18,022 satisfied customers
My wife and I filed for chapter 13 bankruptcy on 4/22/09 and

My wife and I filed for chapter 13 bankruptcy on 4/22/09 and completed the course on 4/22/14.We completed a post financial course on 8/15/14.We were told that's all we had to do to have our case discharged by the court.after waiting all this time we arenow told they need a completed financial course which we gave the court in August .They also want a certification of domestic support which I have no idea what they want. Our Lawyer retired a couple of years ago so we have no one to ask what is going on.Cananyone give me some advice we have 14 days from the notice on 11/3/14 to comply or the case will not be discharged

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Terry L.

Partner

Doctoral Degree

2,862 satisfied customers
In Western Washington, under Chapter 7, the federal exemption

In Western Washington, under Chapter 7, the federal exemption statute includes 11 USC 522 (d) (11) (c), under which (as I read it), life insurance proceeds revert to the bankruptcy estate if the insured dies within six months of filing the petition.So my JustAnswer question is, how exactly (by exactly what statute and case law) does the state set of exemptions protect me against this six month period of vulnerability? The specific is that of term-to-85 life insurance in the amount of one million dollars.When I write " how exactly (by exactly what statute and case law)", I'm prepared to pay more money for the real, dependable answer. How much "more" is suitable?regards,Mary

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Ellen

Attorney

Doctoral Degree

24,998 satisfied customers
My wife and I completed 60 months of payments for our chapter

My wife and I completed 60 months of payments for our chapter 13.We got a letter from the trustee that all the payments were made.I just want to know if this letter means that the bankruptcy is discharged or do we get a letter form the court that our bankruptcy has been discharged?

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Terry L.

Partner

Doctoral Degree

2,862 satisfied customers
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