No, it is not fair, but you will not like my answer why. $1,300 is not close to being enough money to get a Chapter 13 plan confirmed. $450 is not enough money to convert a 13 to a 7. Your concern should not be why your attorney is charging so much money; it should be why she is charging so little as you tend to get what you pay for.
Income from Military Disability will count as income on the means test. Benefits from the Social Security Act are exclued from said income, but military disability, as contrasted with social security disability, is not a a benefit from the Social Security Act. If your wife is 30k above median income, than you are taking the means test in any case.
Just because your household income puts you above median income, that does not mean you cannot file a 7. Social Security income is not counted; the disability income will be. I doubt the exception for debt incurred while in the service woud apply, but there remains a solid chance you will still qualify for a 7. Clearly, you should meet with an experienced bankruptcy attorney.
Yes, they can, but it is unlikely they will. Their lien survived your bankruptcy, although by not reaffirming the debt your discharge means you are not personally liable on the debt. If he second forecloses, it would lead to a sheriff's sale, where the first mortgage holder will be bidding the full amount owed to them. The second would have to bid higher, pay off the first in full with hard cold cash, and then try to sell the house for at least more than the first mortgage bid. Foreclosed...
In Kansas, one spouse may incur debt in their own name that the other spouse is not liable for. One exception is the doctrine of necessities, which means if one spouse incurs a debt for a necessity, such as warm coat in winter or medical expenses, then the other spouse can sometimes be held liable for the debt after divorce. Credit card companies rarely make this argument.
One thing that could change the answer is if the divorce decree orders you to pay her debt after you divorce. Then you...
I think you have a number of claims against the third company, if not the original mortgage company who sold your loan for a discharge injunction violation, if sold after the discharge was granted. Rachel Foley is an attorney in KC, MO who is a member of NACA as am I. She is a great attorney who can advise you on what you should be doing. 816-472-3257
A divorce would not cut off your medical creditors from seeking payment from your husband for your medical debts in Kansas. He may or may not need to file a bankruptcy himself. You and he should consider at least obtaining a free consultation from a bankruptcy attorney to consider the bankruptcy that may or may not be necessary.
The time is measured from filing, or the beginning of the case, to filing. 8 years between Chapter 7s, a 13 may be filed 4 years after a 7, a 7 6 years after a 13. 13 2 years after 13 (which makes no sense, but it is the law!)
You would definitely be filing a personal bankruptcy, which will list and address all debts, both personal and business. Your business was not separate from you, and corporations do not receive a discharge in bankruptcy in any case.