Can you file bankruptcy on Attorney Fees?
If you are going through a divorce and have temporary orders that you have adhered to (you owe your spouse no monies and you owe no child support-all paid in full and current) can you file bankruptcy on Attorney Fees? The amount is 00 to spouse attorney and 00 to an independent attorney assigned by the judge. I am in Texas.
I have been married almost 3 years. I have 2 children under 2 yrs old. My husband has a pill problem and is a thief. He has stolen my money so many times I have had to file bankruptcy. I can’t have credit cards, a checking account, or anything. My husband always begs me to come back and I do because I love him. Earlier this year, he stole the last 0 I had and bought pills and wrecked my car. We couldn’t even pay the utilities on our house. (well, I couldn’t pay them, my husband doesn’t have a job.) So he moved in with his dad and I moved in with mine. Recently after we moved in with our dads, I found out I was pregnant. My husband got kicked out of his dads house for stealing and being on pills. He had nowhere to go so I let him stay with me to help me with our newborn daughter. Last week he was on pills again and stole some money from my dad and me so my dad kicked him out. Every time this happens he says he is done with the pills and it won’t happen again. I always take him back and this time I said he cannot stay with my dad and I. We have a house that I am still making payments on but since he doesn’t have a job I can’t pay for the house, utilities, and groceries by myself. Thats why I’m living with my dad so my kids will have water and heat. He is now telling me that he is completely done with pills. His mom is going to put him in therapy and he is going to apply for jobs and possibly go to the army. I do love him and that would be fine but I’m afraid I can’t trust him. My parents are begging me to get a divorce. But even if I do I know I will still see him alot because of the kids and that will be hard for me. When we got married I knew he already had 1 kid which was fine but since we got married he found out he has another and next month he is getting a DNA test for another, which that is really hard for me to deal with. I know he didn’t cheat on me. But if he does get a job, all his money will go to child support for these other kids? He has been put in jail more than once for back child support and is also being questioned for some residential break ins. I am afraid if I leave him I won’t find anyone else and if I did find someone else my husband would make it hell for me. I’m sure it sounds like a no brainer I wish I could turn off my feelings but I really do love this guy too much. I just wanted an outside opinion from someone that doesn’t know us. Thanks in advance
I do not have a drug problem, and when he is on drugs I do keep the kids away from him.
Should I get a divorce? I have been married for 4 years and the entire relationship is about my husband. He has a lot of issues. First, he is an alcoholic. I have tried to help him and support him when he says that he is going to stop, but he always starts back drinking. After we were married I found out he cheated on me with this woman who attempted to commit suicide when she found out he was married (which tells me that this was an intimate relationship, not a one night stand like he told me). But I forgave him. He lost a job because of his drinking and began to drink all day every day. During this time I was pregnant. I had to pay all the bills all while I was pregnant. My entire pregnancy was miserable; the only time I was able to enjoy it was on the day of my baby shower. He stayed drunk so much that I had to ask a neighbor if they could help me if I had to go to the hospital in the middle of the night. He ran up a high cell phone bill talking to an ex girlfriend who lived in another state. I had to file for bankruptcy because I could no longer afford the bills on my own. I lost my home that I worked so hard to get before I married him. I could have lost my job because my credit is so dependent on me maintaining a security clearance. I helped him find a good job that offered good benefits and possible advancement. Right before he started the job he got arrested for a DUI. Well, once he actually started the job he was unable to pay any household bills because he had to pay for the lawyer and child support for his other children from a previous relationship. He barely helped me with any of the household bills. We have separated 2 times for short periods of time, but I always feel sorry for him because he says he doesn’t have a place to go. He has hit me before and has pulled a gun on me. He calls me out of my name whenever we get into arguments. He just received about 7000 from school and only gave me 700 for bills. He goes out and buys all this unnecessary stuff, including beer and cigarettes and claims that he is buying things for us. Recently, he quit the good job and says that he is about to start his own business. The job he had paid for his child support and benefits for his other kids. He never helps me buy things for our child. He says that he doesn’t help me with the bills because I don’t tell him what is due. I am a totally different person. I went from a size 8/10 to a size 16. I am always angry I find myself lashing out at people and I know this is because of the situation I PUT MYSELF IN… But why can’t I just file for divorce and get him out of my life. I called the attorney and gave him all of my information, but I haven’t sent him the payment yet. I know that I am not in love with him, but I can’t understand what is holding me back from mailing the payment to start the divorce. I know this is unhealthy. I know this is a lot but can someone outside reading in tell me clearly why I am holding on and what you think I should do. Please help me any good advice.
I am going through a divorce and my ex isn’t paying ANYTHING (rent, car, etc) hes already gotten evicted and I am working on getting my name off that. Both our names are on the car and its out for repossession. My credit score is probably very very low right now. I am still in school and don’t have an income or child support yet, just help from my family. Is it better for me to just file bankruptcy or to try and build my credit back up as it is?
Once I pay the house, car, child support and household expenses there is not much left over. I’ve thought about filing bankruptcy but right now i’m doing nothing. What’s the best course of action, do nothing and listen to the phone ring or file bankruptcy?
My husband and I realize the only way out is Chapter 7. We have struggled to pay off our debt, but due to circumstances we just got more and more behind on necessities for our family of 4, not to mention my husband also has a son he pays child support on. We are well below the median income level for our family size and desperately need our tax return to get caught up on needs for our family and home (clothes, car repairs, minor home repairs etc,) and also ensure we don’t get behind again in case of an emergency (like pay an extra 2 months worth of rent or pay extra on utilities etc.) We aren’t trying to cheat or lie about our tax return when we file bankruptcy, nor are we planning on using it for anything other then needs of our family with the exception of maybe a couple hundred to take our kids to a large aquarium they have been dying to go to. We will likely get our tax return at the end of next month and wonder how long we should wait if possible to file for Chapter 7? We are speaking with an attorney, but this isn’t exactly something they will tell you about and so forth. We are in California.
Oh, we know about counseling, but we very much doubt they would NOT think we don’t have to file, more like they will wonder why we waited this long.
My pay was drastically cut, my child support will be ending within 6 mos and I owe back taxes on my house and Federal as well. I am thinking about filing Chapter 7 but not sure if I will end up having to get rid of things like furniture, car, etc…. Can someone help? Thanks!
I filed bankruptcy because I lost my job because she cheated and we got divorced and it feel back on my ex. She threatens to put me in jail and won’t let me see my daughter when i still pay child support. I want to get on with my life without having her causing problems all the time.
My ex is trying to raise my child support and make me pay for the bills that fell back on her when I filed bankruptcy. She says I am in contempt and can go to jail, but our divorce decree says that I will pay for only the bills that our in my name. It says nothing about paying for joint accounts that she made me keep only because they owed money on them. I could not afford them so I filed bankruptcy. She is also asking for my current pay stubs and last years tax return for her lawyer. What should I do?
My husband and I were just awarded K in legal fees from an arbitration board of our county’s state bar because our family law attorney was completely inept. She never filed for Discovery from his ex wife but charged us for it, lost subpoenas and never filed them, forgot to tell my husband about a crucial court date so he was fined $ thousands in sanctions, ever provided a statement in 8 months, etc. So the arbitration board ruled overwhelmingly in our favor to get all fees paid to her returned. If she doesn’t appeal the decision in 30 days it’s binding.
She just sent us a backdated bill with ridiculous made up fees totalling more than the K, so we think she’s going to appeal and fight us into a legal malpractice lawsuit.
My question is, if we win a malpractice lawsuit against her and then she files bankruptcy, will she be exempt from ever returning any of our money or paying what we win from the lawsuit? Or would this be one of those exempt bills she has to pay??
We’re in CA but bankruptcy law is federal. I’m wondering if this would be looked at a the type of court fine that still has to be paid even if she files bankruptcy, like traffic tickets, child support, etc or would she be able to bankrupt everything and leave us out in the cold?
I’m afraid she’ll file for bankruptcy because she’s done it before and it’s been over 7 years so she can do it again. Our current lawyer (who’s very sharp) believes she isn’t paying us because she doesn’t have the money. She promised my husband back in July that she’d reimburse him the thousands he had to pay in sanctions for her error yet she never did.
Also, the CA State Bar is doing an investigation to go after he license now b/c she was so blatantly neglectful, it’s unbelievable, plus she lied under oath in the arbitration and the State Bar picked up on that from our transcripts that we submitted to them in a complaint. I’m afraid if the Bar revokes her license she’ll just file for bankruptcy and never pay us. She’s 65 so maybe she’ll retire.
Because of her inactions, the other side won everything and we have to pay over 0K in child support over the next 3 yrs plus my husband lost all contact with his daughter.
When my ex and I split up and child support was set up, I made a budget that fit the income. After a few years, my ex quit his job to get out of child support. After finding where he was working and turning it in, he would quit again to move to another job. I used my credit cards to fill in the missing money thinking i would pay it off when he started to pay again. Well that didn’t happen. Now I am filing bankruptcy after cutting everything we used to do out. I will be able to pay the bills with my own income when this is through. My daughter sees that I am stressed and hears the collections calls. Do I tell her the whole truth? I don’t want to seem like a complete failure in her eyes like i can’t handle money and she lost everything she used to do because of my incompetence. We wouldn’t be this bad off if he didn’t run from his responsibilities. But I don’t want to make her hate her dad.
She is 13 years old. Her Dad rarely sees her because it is now his turn to enjoy life since he started to have kids at 20(he is 42 now- and that is a quote from him) He has a 21 year old son from a first marriage living with him who he makes pay all the bills in their house. That son is going to move in with me next month because he has been wanting to go to college but hasnt been able to since all his money goes toward the household expenses(he works 60 hours a week at a little more than minimum wage and he is not my biological child)
This is for the people who asked how much he was in her life and how old she was.
I am in over my head in debt. Every month I have to "borrow" at least 0 extra dollars just to pay my bills. My husband and I recently separated. He left me to take care of all the bills. Currently I am a 4th grade teacher and make about ,000 a year. Every debt is in my name (including a car that I got in my name for him, that he now refuses to pay for because someone else put another car in their name for him–his sister). He didn’t have a job at the time, so most of the major stuff that we have gotten was in my name when we got married.
I am probably about ,000 in debt with credit cards; ,000 in student loans; 00 in personal loans; ,000 in car payments (2 cars–1 is almost paid for).
I have no extra income other than the child support (5 a month for 2 small babies that I raise alone). I use the child support on them instead of on me or bills because that is what it is for.
Am I an idiot for trying to pay all these bills off monthly and have no money extra to buy groceries and gas???Should I just file bankruptcy?
That is all you get in MS for 2 kids based on his income and he has a pretty decent factory job (around here that is the best you’ll get with no degree).
I don’t own a home. I rent. Yes he ran up the cards by refusing to give me money to pay the bills, so I had to use the cards.
I am in over my head in debt. Every month I have to "borrow" at least 0 extra dollars just to pay my bills. My husband and I recently separated. He left me to take care of all the bills. Currently I am a 4th grade teacher and make about ,000 a year. Every debt is in my name (including a car that I got in my name for him, that he now refuses to pay for because someone else put another car in their name for him–his sister). He didn’t have a job at the time, so most of the major stuff that we have gotten was in my name when we got married.
I am probably about ,000 in debt with credit cards; ,000 in student loans; 00 in personal loans; ,000 in car payments (2 cars–1 is almost paid for).
I have no extra income other than the child support (5 a month for 2 small babies that I raise alone). I use the child support on them instead of on me or bills because that is what it is for.
Am I an idiot for trying to pay all these bills off monthly and have no money extra to buy groceries and gas???Should I just file bankruptcy?
I would love to open up my own family daycare but don’t know how to do it. I only want to keep 5-6 kids so that I won’t have to hire anyone and so that I can keep afloat.
I used those credit cards to pay bills and buy groceries and necessities because he would always cry "I’m broke!" and had a very good paying job. He never wanted to give money He told me I had to ask for it.
Yes I have two cars. No one will buy the new one ( a malibu maxx) because I am upside down in it and I want to keep the older one because it is a Camry and I will have paid it off in May of next year.
I live in Mississippi so that is all you get for two kids.
note: I have always paid my child support. the reason I owe back child support is because the state of Wash closed the case. she was not accepting the checks.they even sent money back to me.4 years later she decided she wants the money.now I owe back support? They closed the case not me,i was paying.also,i have no contact with my son. I devorced this person because she was a thief and a drug addict.
update:the court gave her costody because there was no proof of her being a drug addict and thief.
I’m in a divorce that now hit the 4 thousand dollar mark with no end in site. When my husband walked out on us he left me in a big mess. I was a stay at home mom and I hadn’t worked in almost 3 years. He left us with no money or anything. He gets to go live with his rich family who are paying for EVERYTHING and he already told me he has the resources to drag this out till he crushes me financially. Honestly he’s doing a good job.
I’m getting help from the government but it’s not enough to take care of me and two kids. I’m several thousand dollars in debt now and that’s only going to get worse. Should I let my attorney bills pile up and keep adding to my credit card debt and file bankruptcy or should I try to dig out?
What would you do? I feel so lost right now.
My husband won’t agree on ANYTHING. I can’t tell him anything without it costing several hundred dollars to have the attorneys talk for us.
He doesn’t have to pay child support because he doens’t have a job .We live 5 states away and he wants the kids every other month! My babies are 5 months old and 23 months old and he told me before he left he could care less if they live or die. He’s only using them to hurt me.
I am in over my head in debt. Every month I have to "borrow" at least 0 extra dollars just to pay my bills. My husband and I recently separated. He left me to take care of all the bills. Currently I am a 4th grade teacher and make about ,000 a year. That would be a great salary if I didn’t have to pay every cent to a bill collector.
Every debt is in my name (including a car that I got in my name for him, that he now refuses to pay for because someone else put another car in their name for him–his sister). I already had a car of my own. Now I have two. He didn’t have a job at the time, so most of the major stuff that we have gotten was in my name when we got married.
I am probably about ,000 in debt with credit cards; ,000 in student loans–I know you can’t put them on bankruptcy…I plan to pay them and go back to school next summer; 00 in personal loans; ,000 in car payments (2 cars–1 is almost paid for).
I have no extra income other than the child support (5 a month for 2 small babies that I raise alone). I use the child support on them instead of on me or bills because that is what it is for.
Am I an idiot for trying to pay all these bills off monthly and have no money extra to buy groceries and gas???Should I just file bankruptcy?
I got into financial trouble after my divorce when my ex wasn’t paying child support. I am still so far behind there is no way I can ever catch up! I want to file bankruptcy, but when I called a bankruptcy attorney he said it will cost me 00 up front to file. If I could afford to pay that, I wouldn’t need to file bankruptcy! Help! Is there another way to file without paying all those fees?
Let me add that I have not been paying these creditors for a very long time. I can barely afford to pay rent, utilities, car payment and put food on the table for my kids. There is NO WAY I can come up with that kind of money!
After trying to find ways to be able to take care of our responsibilities we have come to the last resort and that is to file bankruptcy. We don’t own any homes or any real property. what I am curious about is which is better chapter 7 or chapter 13. We want to be able to start saving a soon as it done and when feesible start rebuilding credit. Our credit card debt is only 00 which is a lot, but it could be worse. We just had two bad years with this one being the worse. I am looking for advice on the best way to go between the two. Chapter 7 or Chapter 13 and why.
We are not happy about doing this as we have tried everything. We don’t have anything of value and we have tried to pawn stuff but couldn’t get .00 for most. We live very modestly. So please do not answer this question if you are going to be negative.
Thank you so much. We want to do the right thing so we can start over and never have to do this again.
Thank you so much for all that has given advice so far. I guess I need to add just a few details to make the situation clearer.
As I stated it has been a bad 2 years, actually almost 3 years. I got real sick and had to leave my job and am now on disability. My husband took on a second job a year ago. He pays child support. Between the two of us we have 5 kids between the ages of 9-16. We have two vehicles, which one is in the shop. We also are surrendering this vehicle.
We have an attorney and he is recommending chapter 13. I (we) have a lot of medical bills. After I had to leave my job I couldn’t afford the cobra payments for continued health insurance. To maintain health insurance with my husbands employment (state worker) would have cost more than the cobra payments.
My ex- husband filed bankruptcy and I did not know that anything he had when we were together, came back to me.
I never thought I would get sick and have to quit work. I was not prepared.
I am in over my head in debt. Every month I have to "borrow" at least 0 extra dollars just to pay my bills. My husband and I recently separated. He left me to take care of all the bills. Currently I am a 4th grade teacher and make about ,000 a year. That would be a great salary if I didn’t have to pay every cent to a bill collector.
Every debt is in my name (including a car that I got in my name for him, that he now refuses to pay for because someone else put another car in their name for him–his sister). I already had a car of my own. Now I have two. He didn’t have a job at the time, so most of the major stuff that we have gotten was in my name when we got married.
I am probably about ,000 in debt with credit cards; ,000 in student loans–I know you can’t put them on bankruptcy…I plan to pay them and go back to school next summer; 00 in personal loans; ,000 in car payments (2 cars–1 is almost paid for).
I have no extra income other than the child support (5 a month for 2 small babies that I raise alone). I use the child support on them instead of on me or bills because that is what it is for.
Am I an idiot for trying to pay all these bills off monthly and have no money extra to buy groceries and gas???Should I just file bankruptcy?
My ex-husband owes back child support (alot) and when I filed for what he owed, the state increased the monthly payments and then he decided to file bankruptcy right after. I can’t find an answer to my question. Can he file what he owes under the bankruptcy and if so wouldn’t the bankruptcy pay on it or pay it off?