I filed a chpt 13 back in May of 03. Had my 341 hearing in Aug 03 and have been making timely payments monthly since then. In the BK my NOW ex-wife was listed as a unsecured debt. Since the divorce was not done and at the time and they could not put a $ value on or if I were to owe her anything. Well the divorce was done on Feb 3rd. In it I agreed to pay her $11K of back mortgage payments for the house we owned that I was ordered to pay on during our temporary orders hearing. Well when I filed bk I quit making the payments. This is how the 11K comes into play.
Well my psycho ex-wife thought she was going to get a check for 11k. Now she has realized the money will be paid out throughout the remaining months of my chpt 13 bk. About 51 months is left divided by 11k and she gets roughly $220 per month.
She has now filed some paperwork where I have to show proof I was making the payments I said I was in my original bk filing.
Here is the problem: 1. I moved 2 months after the filing and the amounts I said I was paying on certain things in my bk have changed (rent,gas,food etc). 2. At the time I filed I was averageing $800 a month in divorce lawyer bills, the case then sat for 7 months while awaiting a trial date, divorce lawyer bills then dropped to $250 a month.
Basically I am asking is if I stated my bills in the paperwork and 341 hearing were a certain way, and then a few months later they changed and I did not tell the bk court and I committing fraud? And can my case get dismissed? Ca I just amend it?
I did not intend or try to deceive the court and everything I stated in the 341 hearing was accurate AT THAT TIME. But my sitiuation has changed.
I hope this makes sense.
Well my psycho ex-wife thought she was going to get a check for 11k. Now she has realized the money will be paid out throughout the remaining months of my chpt 13 bk. About 51 months is left divided by 11k and she gets roughly $220 per month.
She has now filed some paperwork where I have to show proof I was making the payments I said I was in my original bk filing.
Here is the problem: 1. I moved 2 months after the filing and the amounts I said I was paying on certain things in my bk have changed (rent,gas,food etc). 2. At the time I filed I was averageing $800 a month in divorce lawyer bills, the case then sat for 7 months while awaiting a trial date, divorce lawyer bills then dropped to $250 a month.
Basically I am asking is if I stated my bills in the paperwork and 341 hearing were a certain way, and then a few months later they changed and I did not tell the bk court and I committing fraud? And can my case get dismissed? Ca I just amend it?
I did not intend or try to deceive the court and everything I stated in the 341 hearing was accurate AT THAT TIME. But my sitiuation has changed.
I hope this makes sense.
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