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Home > Money & Services > Bankruptcy & Debt   »   Chapter 13

 
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Old Nov 2, 2006, 10:26 AM
DBunny
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Chapter 13

My husband recently filed Chapter 7 after a very nasty divorce. His debt was in excess of $140,000 (ex wife foreclosed on house while he was in Iraq). He filed before their ED was complete so during the ED(equitable distribution)the judge let the ex spouse keep all of the debt since she was co-signer on most everything and gave her an "award" of $30,000.00. The ex spouse contested my husband's Chapter 7 bankruptcy and won, which meant my husband was not allowed to file on the "new" debt of $30,000.00. The bankruptcy judge did state that my husband should request lower payments from his ex spouse. The payments are at $500.00 per month. SHe currently receives $419.00 in child suport and 500.00 from his military retirement. My husband's income is $59,000.00 per year. The ex spouse works as an RN and makes close to $70,000 per year. I am on disablity and have 3 children of my own. There is absolutely no way we can afford to pay her almost $1,500.00 per month. Our house payment alone is $1,019.00. My husband asked her if she would consider a lower payment, the answer was NO. He is currently in the process of filing Chapter 13 that will include back taxes that we owe as well as his car payment and the $30,000.00 debt. We have been told by the attorney that because the ex wife is unsecured, she will get nothing from the payment because my husband's "means" test was $-75.00. Now, the question is, can the ex spouse contest this bankruptcy too,and if so, on what grounds could she possibly do this ?? She refuses to file bankrupcty herself. We live in North Carolina.

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