desperate situation

[rallit]

What is the name of your state? Texas

My husband and I filed Chapter 13 last year, mainly because of his large IRS debt for unpaid taxes. He was arrested and convicted of aggravated assault against me shortly afterwards. While he is serving a 2-year sentence, I am stuck paying nearly $600/mo. to the trustee. My time is running out; I am already working 2 jobs trying to support myself and 3 kids on my own while paying all this and a mortgage. I can't keep it up much longer. I need to file for divorce, have our bankruptcy case severed, and be able to sell my home and find a more affordable place to live. Is this even possible or should I just give up now and lose what little I have left?

[Ladynred]

Wow. What you need to do NOW is at least have your plan modified to reflect the huge changes in your situation ! Does you're lawyer know of all this ???

[rallit]

My lawyer knows all about it and has been no help whatsoever. His only concern at this point seems to be that he is getting paid. His assistant told me the plan could not be modified; I would first have to finalize my divorce and then file to have our bankruptcy case severed (which, of course, means more money for my lawyer). I find it hard to believe that I'm being penalized and forced to pay my abuser's debts while he sits in jail completely without responsibility. If so, my only choice is to quit paying and lose everything. I'm already at the end of my rope financially and emotionally. There is no way I can keep up this pace another 4 years.

[Ladynred]

I'm sorry, I think your lawyer's 'assistant' is full of crap. Plans most certainly CAN be modified, it happens ALL the time. Sounds like your lawyer just doesn't want to take the time. A change in circumstances and income is one of the prime reasons to modify a Ch 13 ! That at least would give you SOME relief until you can get the divorce finalized.

Are all of the debts in the plan HIS debts ??? Is your name on any of them ? What about the tax debts, were they his problem before marriage or did he incur them while you were married ? You are in a community property state, which can complicate things, but its not impossible either.