debt settlement

[antonin]

My divorce decree stated that I must pay my ex-wife's credit cards or they become alimony. It also stated that I must pay the cards off before I can sell house. I stopped paying ex's credit cards. Her credit was blemished. I filed bankruptcy.

House was repossessed. Sold it at 20,000.00 below market value during redemption period. There was not enough left to pay off ex's bills. Ex signed a release of lien against house so house could be sold.

The remaining money was put in the escrow account of an bankruptcy attorney I hired to help me with the stipulation that he would used the remaining money to negotiate with ex's creditors and return remainder (if any) to me.

1. If the attorney successfully settles her debts, can she come after me for anything?
(like bleminshing her credit?)

2. Would this situation have an impact on my ability to file a motion for CS reduction
as per my previous post?

Thank you.

[socrateaser]

>1. If the attorney successfully settles her debts, can she
>come after me for anything?
>(like bleminshing her credit?)

Depends on whether the BK attorney successfully obtains conditions from the creditors whereby they agree to report your ex's accounts to the various credit reporting agencies as current, paid in full and never late.

>
>2. Would this situation have an impact on my ability to file a
>motion for CS reduction as per my previous post?

Based on what you've posted, I'd say this situation is not material to the other issue -- but, by now, you know how courts of "equity" (fairness) are, so there's always the possibility that your ex will claim that you come to the court with unclean hands, and that you should therefore not be granted the modification.

[antonin]

Okay. Thanks. Very clear.

If she utlizes the unclean hands argument;

1. I will demonstrate that mathematically, due to the alimony, triple child support, paying her car, etc. etc. that I had a negative cash flow of 2500.00 a month before taking the actions described above.

2. I will produce a stack of papers from those "instant cash-payroll advance" places that show that, for 1.5 years prior to filing bankruptcy, discing her bills, etc. that I survived and paid the bills by paying those places 500.00 a month interest.

3. I understand that courts of equity are unpredictable, but at least i have an explanation.

Thanks as always for your analysis.