Bugs Bunny:"GET ME OUTTA HERE"

[25yearsmlc]

FIB,

((( )))
j-

[faithisbelieving]

Bad news for me. The judge decided to wait until 8/10 to rule on custody and tossing me out. However, he awarded her 17K in legal fees. It has to be paid in 30 days or I could be arrested for contempt. I don't have it. I may have to file for bankruptcy. FIB

[faithisbelieving]

Follow up....the judge ordered this NOT based on me personally, but, by the letter of the law. According to my L, the higher income earner, is responsible to help pay the other S's bill to contribute to a speedy process and prevent the D from stalling. The long delay in doing the financial appraisal on my practice, STBXW's motions, etc....ran up both our bills (her L would refuse to adjourn even when the appraisal was incomplete).

If my STBXW's intent is too punish (tho' legally she is entitled to request this money), she has succeeded. $17,000 is a 'lot of bread man'...and I don't have it. To pay it, I would have to skip the mortgage payment (which, of course, I am ordered to pay and would also be in contempt for not paying), my disability, my business rent, and part of my malpractice premium. You all know that I cannot practice surgery if I don't pay the premium.

I have no intention of going to jail. My kids need me and I need to work. My L tells me that if you go to jail on contempt for not paying a judgement, you stay in jail until it is satisfied. I have NO rich uncles or aunts...NO rich friends..my mother is over 85...and both my sisters have their own issues to take care of. It is TOO risky to not pay it, so, I need to explore my options QUICKLY and the main one is bankruptcy.

According to my L...this would bring the D to a complete halt. The B would have to be ajudicated before the D could proceed. The B would 'stay' all judgements, however, I believe they can file some sort of request to lift it. Not sure. Never been in this place before. When I married STBXW, I paid for the down payment on our house with my savings. I had stellar credit. Never owed anybody anything. Sucks. What can I say?

The only option.....perhaps...is to get settlement but my L said to 'give her the house'. On paper, if she bought me out, I would be due about 90-100K. Not sure if that is worth giving away without negotiating over costs of filing for B.

Would appreciate any thoughts. I have 30 days. FIB

[mdoodles]

i dont think i have posted to you, but i have read your situation.

if u are a dr, most likely u will not qualify for chapter 7, which means u would meet chapter 13, which does not relieve u of debt, just gives u a payment period, along with the credit hit of bankruptcy.

there must be another option.

maybe settling by giving her the house is best, financially speaking?

i live in ny too, i see u are struggling with the system here.

[25yearsmlc]

FIB,

See a bankruptcy attorney asap. And you can probably get a personal loan for the debt, honestly.

Otherwise, as a L, I still don't feel qualified to advise you b/c I'm not lic in NY AND I don't know bankruptcy laws. I do know that child support is not dischargeable but I disagree with the other comment about Ch 7 vs 13 merely b/c you are a physician. Again, I urge you to see a Bkruptyc L asap.

Let us know what they tell you. And have you thought of whether alleging fault -adultery-would help you at all? Just asking...

j-

[smith18]

Tough one FIB. Bankruptcy is not much of an option as it will stick with you for a long time and it sounds as if it may cause this D process to drag on. And the $17,000 is not the end as I am sure more legal expenses will be added as time goes on.

Is it not possible for the 2 L's to work together and come up with a reasonable settlement knowing that bankruptcy is not going to be all that beneficial for your STBXW?

I know that in my case, when we got to court, the judge was most pleased that we had settled most everything beforehand and was even more pleased that we were able to step outside and finalize the remainder on our own.

Maybe your STBXW is off the crazy train a bit now and that it may be advantageous to attempt negotiatiations entirely using L's.

[faithisbelieving]

Don't know....don't know. I need to educate. I doubt I will get any loans. My credit is down. One bank closed my biz line of credit. My HELOC is maxed out...I just have enough to pay my L her retainer for the orders of protection hearing next week. I literally have no back up.

If I am not a candidate for Chapt7...I'm going to jail.

FIB

[dl443322]

Hey FIB, hold on now. First of all, you have 30 days. Dont go into panic mode yet. You need a clear head to think.

So, find a bankruptcy lawyer because the more you know, the better.

Next, think of any and all ways that you could get your hands on some money.

And speak with your lawyer again. And it wouldnt hurt to go and speak with another lawyer to make sure that what you are being told is accurate. It might be worth the few hundred in the long run.

FIB, I agree with Kerry. The court prefers the parties to try and work it out. You might want to have your l speak with hers.

Sit down with pen and paper and hash things out. Put down any ideas that come to mind. Start making phone calls and asking questions. Be proactive.

You will be ok, my friend.

[mdoodles]

i said he wouldnt qualify for chapter 7 because u need to make under a certain amount of money, like $30,000 or $40,000 or less (something around that), which most likely he doesnt...the bankruptcy laws are alot tougher now, to avoid people from filing for it as a way out of debt.

perhaps u can settle on a payment plan? they cannot possibly make u pay that much money right now in addition to everything else, and i think your lawyer needs to lay that all out for the judge to see and consider.

[faithisbelieving]

I have a name and will call the L tomorrow. I am NOT in panic mode. Actually...threat of B may be a good way to force a settlement.MDs CAN file for chapt7. FIB