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I feel like our Chapter 13 filing is WRONG!! I need HELP!

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deemarie65

Junior Member
I live in Texas, and met my husband when he was in the process of filing. I married him almost 12 months to the day after we met but his bankruptcy claim had not been finalized. I had felt from the beginning his lawyer was a quack..but didn't want to add more stress to a stressful situation. He was told he could file ch 7, but after 4 months passed, he was told he made too much money. He is an airline pilot, but when 9/11 hit, his salary was slashed drastically and along with a costly divorce he was left with about 120K worth of debt. Anyway, he filed the paperwork for Ch 13 and after a few months. his lawyer came back with a settlement where we would pay $750 for 3 months and then $1400 for the remainder period of time. Well all of a sudden, they started asking questions about my salary/bills etc. I own my own home, which I am leasing out. I have a mortgage of about $1495 and I have $1400 coming in as rent. I have 2 credit cards that have about $7K total, and a $500 car payment. I make $46K/yr and receive $1250 month in child support. Well after recalculating...they came back and said our new monthly total is $2450!!!
I can't see how my salary can make our payment double when he makes twice as much as me..and I don't think it is allowed that they can use my child support as income. Personally, I didn't think they could use my information at all because I didn't even know him when he began this filing.
He just wants to drop it and put it behind us, but I can't get over this feeling that we are getting scewed!!
Can someone give me some direction!!
 


bigun

Senior Member
Personally, I didn't think they could use my information at all because I didn't even know him when he began this filing.


They can use it to see if he has more dsiposable income than he otherwise would list. In other words, you're able to pay more of the bills.
I'd agree that the child support is for your children and not to pay his bills or his chapter 13 payments.
I'd suggest he see another attorney.
 

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