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Ratings. Guidance. The Right Lawyer.
Maintenance/Alimony or equitable distribution? Bankruptcy trustee objects.
Philadelphia, PA
Viewed 39 times.
Posted 27 days ago in Bankruptcy / Debt
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My divorce was final last year an I am now having to file for bankruptcy due to a poorly handled 5 year divorce which racked up over $100,000 in attorney fees alone, and the firm didn't do a proper title/deed search and now I found another property in my ex-husband's business name along with title transfer of over 80 acres of land into his name along with his two siblings before the divorce was final! In the bankruptcy I filed that I am receiving this monthly amount in maintenance. The bankruptcy trustee is objecting to this saying it's not maintenance, but rather equitable distribution. I need this monthly amount to pay the upkeep, taxes, homeowners and mortgage on my home. It sates this in the divorce order, yet trustee objects? Is it really not maintenance?
Additional information
Even though it isn't directly stated as alimony or maintenance in the divorce order, it does state in a footnote: "This monthly sum will be needed to pay the taxes, homeowners, mortgage and any maintenance on the house." I am living off this monthly sum amount along with the awarded "alimony" which is "rehabilitative alimony" as stated in my divorce order. The monthly sum was ordered to be paid over a period of nine years or my ex could pay it in one lump sum. Please advise whether this is considered alimony or simply an equitable distribution. Also if it's deemed maintenance, would it be modifiable if I were to remarry within the next nine years? There is no clause that refers to this matter in the order. Thanks so much for taking the time to read my questions and for your help! Answers (1)
Lesley Abigail Hoenig
This attorney is licensed in Illinois and 2 other states.
Posted 26 days ago.
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I don't think there is a black and white answer to your question. The trustee can object to the maintenance, your attorney can certainly defend your position that it is maintenance. If you haven't talked to your bankruptcy attorney, I think that is the first thing to do. If you do not have one, I highly suggest you hire one to help you with this. Ultimately, it is up to the judge to decide.
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