Fed up with exgirlfriend

[lucky40]

What is the name of your state: Kansas
My exgirlfriend and I bought a house in 2003. She had filed bk. and was not on the loan, but to keep her happy I put her on the deed. Well things got so bad that I actually moved out of my own house. Long story short.
It took 11 months and a lawsuit by me and then a counter suit by her to get her out of the house. I had to pay her 10K and she had to quit clam the deed to get her name off it. Within a week of settling I myself had to file Chapter 7 bk. Now fast fwd 2 yrs. My bk is just about finale. I then get a msg. from her a week ago to be expecting a letter from her attorney because she still owns half my house and I am going to owe her some money because she has to pay 10k to my bk. This is getting really old, I just want to get on with my life. Can she really do anything? This house settlement was 2 yrs. ago.
Thanks All

[moburkes]

Originally Posted by lucky40

What is the name of your state: Kansas
My exgirlfriend and I bought a house in 2003. She had filed bk. and was not on the loan, but to keep her happy I put her on the deed. Well things got so bad that I actually moved out of my own house. Long story short.
It took 11 months and a lawsuit by me and then a counter suit by her to get her out of the house. I had to pay her 10K and she had to quit clam the deed to get her name off it. Within a week of settling I myself had to file Chapter 7 bk. Now fast fwd 2 yrs. My bk is just about finale. I then get a msg. from her a week ago to be expecting a letter from her attorney because she still owns half my house and I am going to owe her some money because she has to pay 10k to my bk. This is getting really old, I just want to get on with my life. Can she really do anything? This house settlement was 2 yrs. ago.
Thanks All

Have you had the 341 meeting? Does she know that you've filed BK?

[lucky40]

I had that meeting along time ago. Yes she knows I filed. I filed the same week she took the money for the settlment. I filed on the last day for chapter 7.

[lucky40]

I found the court doc. on the web. The bk. court is going after the 10k from her because of preferential tranfer within 90 days of me filing bk.

[Ladynred]

I filed the same week she took the money for the settlment. I filed on the last day for chapter 7.

Exactly, the Trustee is going to take that money BACK to pay your creditors.

Did you also include her as a creditor in your bankruptcy ?? I hope you did, because if you did, then you just might NOT have to pay her a single penny. What does you lawyer say ? When is your plan scheduled to be complete ?

[lucky40]

Why would I list her as a creditor? I paid her a lawsuit settlement. I did my part, and she took the money and spent it.

[moburkes]

You paid her a huge sum of money, then filed for BK. When the trustee gets that money, he will use it to pay creditors listed on your forms. Since she's not listed, your debt to her (since she will have to give up the money) may not get discharged, which means that she can still collect.

[BoredAtty]

If the trustee is demanding the money back, then you should see about amending your bankruptcy to include your ex's debt (since obviously you would have included her as a creditor had you not paid her the settlement money).

[lucky40]

Originally Posted by BoredAtty

If the trustee is demanding the money back, then you should see about amending your bankruptcy to include your ex's debt (since obviously you would have included her as a creditor had you not paid her the settlement money).

Well this is going to get messy again. I had to settle on the suit to get her out of my house.
My bk. lawyer told me 2 yrs. ago that they would not go after that money from her because of the nature of the lawsuit. Can she settle for pennys on the dollar with the trustee maybe?
thanks guys

[Ladynred]

Why would I list her as a creditor?

Well for one thing it's fairly common for people to include ex-spouses, ex-partners, as a matte of course 'just in case' because once they're included as a creditor and any contingent debt is discharged, they can NEVER collect from you.

My bk. lawyer told me 2 yrs. ago that they would not go after that money from her because of the nature of the lawsuit.

Clearly your lawyer was mistaken. On the other hand, if your ex doesn't hire a BK lawyer to FIGHT the Trustee's action and argue that the money might be exempt, then she's going to be stuck forking over the money.

Can she settle for pennys on the dollar with the trustee maybe?

She can try, but she'd better get a good BK attorney to do it for her!