What can I do if I cant afford bankruptcy due to husband not paying alimony

Asked over 1 year ago - El Paso, TX

I was awarded alimony but still had to file bankruptcy due to a car he got for me under my and his name! Couldn't refinance so I am stuck with payment along with credit cards he used that were mine to purchase car. After filing bankruptcy he stopped giving me alimony that was court ordered and was used to come with the amount that needed to be paid to the Trustee. He has not notified me or the courts by certified mail he just called one day and said he lost his job ! I am facing a past due charges because of this. I cant survive on what I earn and cant make payments . What can I do ! I know for a fact he is working out of the house and still has the payments of his car and motorcycle in which I am the primary owner but he was awarded because it was under the same note as my car.

Attorney answers (4)

  1. Susan Green Taylor

    Contributor Level 7

    Answered . If you are still in a chapter 13 bankruptcy, it can fairly easily be converted to a chapter 7 (you can be severed & pursue a separate case). If you can't afford an attorney, you might seek legal aid. Perhaps your county supports a local legal aid office or volunteer attorneys have an organization. But, unfortunately, a bankruptcy does not put money in your pocket. If you can't afford an attorney to pursue your ex for support arrearages, your state attorney general might be able to help. I empathize with you--very difficult to prove his income. But he might be found to be intentionally underemployed.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Sounds like you need to see a divorce attorney to collect your alimony before you look at bankruptcy. If you have no income right now, it is unlikely that bankruptcy will help you and your description provides no information that would allow me to advice you otherwise. Hope this perspective helps!

  3. Scott P. Tene'

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . As with most questions posed via this forum, it is difficult to give a complete answer without having all of the facts. For example, clearly you are in a chapter 13 bankruptcy case -- but why?

    I won't speculate as to why you're in a chapter 13, but possible solutions, if you're eligible, may be to convert your case to a chapter 7, allow your case to be dismissed (or file a motion to have it dismissed) and re-file a chapter 7, or seek a hardship discharge.

    Every bankruptcy case is unique. You should speak with the attorney who assisted you in filing the chapter 13 to explore your options and develop a comprehensive strategy moving forward.

    Best of luck . . .

    Colorado practice limited to bankruptcy, federal tax law and related laws under U.S. statutes before the United... more
  4. Clint Spencer Dunaway

    Pro

    Contributor Level 8

    Answered . If you are currently in a chapter 13 bankruptcy and are not able to make your trustee payments then (assuming you do not have a bankruptcy attorney) you need to communicate your current situation with your trustee. There are options available such as a deferment or modification.

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