Divorce and Bankruptcy

[tinajbear]

Illinois
My husband and I are in a bankruptcy (chapter 13) right now...we are still going back and forth with the trustee on our budget. Right now they are trying to take more out of his check to repay the creditors because he (trustee) says we make too much money. We do have a house (not in my name) and a second and third mortgage (in both names) included in this and the past due payments are included in the amount we are repaying back to the trustee. I have asked my husband for a divorce and asked him to keep making the bankruptcy payments and find somewhere else to live, which he has...his parents home. He is paying rent to stay there. I have asked him to let me stay in the house with our 3 children until they are out of school and then he can have the house back. (5 years) Will the trustee and/or divorce lawyer agree with this idea? My thinking is that he will still be able to keep making the same dollar amount payments as he is now because then my income will not be included into it because we will have seperate living arrangements. I will be able to keep the kids under the roof that they have grown up in and after they are old enough to be out on their own...then their dad can have the house back and I won't have to worry about how I am going to make the rent, etc.....
I have seeked a lawyer for advise but he spent the whole time I was there talking about other peoples divorces and not listening to my questions that I needed advise on. I wasted alot of money and got NO answers.
Thank you for any help that you may be able to offer.

 

[purplegirl]

your divorce lawyer cannot answer questions about your bankruptcy. do you have a lawyer handling your bankruptcy?, that is critical. the final decision about what will be accepted in your bankruptcy budget will be made by the trustee, so you must have a lawyer who is familiar not only with bankruptcy law in your state, but also familiar with the trustee. i declared bankruptcy in virginia 2 years ago and it went very smoothly because my lawyer handled nothing but chapter 13 and knew exactly what the trustee would and would not accept in my budget. so find yourself a lawyer who handles chapter 13 cases and nothing but chapter 13 cases. my only opinion about your question is that if you and your husband declared bankruptcy together then i believe your income will have to be included when the trustee decides your payments---again get yourself a bankruptcy lawyer.