Help Please

[dcw888]

What is the name of your state? Arkansas
Long story short...
I am recently divorced.
In the divorce, my Ex agreed to be libel for $5000.00 to me, a $3000.00 debt & a $4000.00 debt.
It was agreed in the divorce decree that a "lien" be filed on his share of an estate to assure payment. The "liens" have been filed.
Now my Ex is trying to file for a Chapter 13 & listed these debts.
I am fighting his Chapter 13.
In the meantime, the estate has sat for 3 years with little funds being dispursed.
How can I get the estate to dispurse these funds, or can I get the estate to dispurse these funds?
I tried contacted the estate attorney & she is not returning my calls.
Thank you

 

[Dandy Don]

Do you think the reason that payment from the estate is being delayed is specifically so that you will not be paid? Something is very fishy here. I think the estate attorney has been advised by your ex-husband to delay paying this as long as possible, if there is no other reason for the estate to be open for this long.

You need the services of a probate attorney or business law attorney who can explain how liens work and can figure out all the complications of the bankruptcy to figure out what is going on here. There should be a way for you to petition the probate court for release of these funds.

It would seem that there should be no way that the liens could be disregarded by the bankruptcy procedure, and even in the bankruptcy proceeding, you should have priority status as one of the first creditors to be paid.

 

[dcw888]

The Estae

This Estate has caused so much damage or at least was the catalist to set a lot of things in motion.
5 sons fighting over the estate is was has delayed it settling. But they have almost come to terms.
I filed my liens on the Probate Estate as per the divorce.
I have (since my last post) filed Proof of claims to move me & the other 2 up to "Secure claims" & not "Unsecured claims" as my Ex had listed us in his bankruptcy.
I wrote a letter to the Probate Judge explaining the situation & pleding with her to get the funds released & mailed copies of this letter to everyone involved.
I have turned over my records to the Chapter 13 Trustee & Ex's attorney. This included his guns, vehicles & boat, none of which he listed.
I am once again, going to the Probate Office tomorrow to get certified copies of the value of the Estate & anything else to show that the least my Ex stands to get is 1/5 and up to 1/3 of this Estate & then give this proof to the Chapter 13 Trustee, in hopes her will do her job and let me bow out gracefully, as I cannot afford to hire an attorney to fight this for me.
My hearing us set for Sept 11 & I will at that time hope the Trustee will also be there, if not I will ask for a continuance....& pray that something happens in my favor for once.
Can you think of anything else I might could do in the meantime?
Anything I've left out?
Thank you for your reply...

 

[Dandy Don]

Writing the letter to the probate judge was a serious faux pax/mistake--that is considered a breach of policy because the judge is supposed to remain impartial and what you did was considered (rightly or wrongly) as an attempt to influence the judge in your favor, when theoretically, all evidence is supposed to be heard or reviewed during court proceedings only.

However, if the judge reads it, they might sympathize and be much more inclined to rule in your favor. I do compliment you on your diligence in seeing this matter through to the end. Looks like you have done everything necessary and I think you are going to come out a winner!!!

 

[dcw888]

The Judge

Well, last week while I was at the Probate Office, I asked someone there what to do. My "liens" were going to get lost in 2 folders inches thick. She told me to go upstairs & talk to the Judge's clerk, which I did, in detail. He went & talked to the Judge (who was also the Judge over my divorce). He (the Judge's clerk)came back & told me to write a letter stating what I had told him & mail it to everyone on the list. I thought it was the Judge I was suppost to address it to.
I sure did not mean to do something wrong & wasn't trying to bypass anyone by doing so.
There are 3 different "courts" in action here, divorce, probate & bankruptcy. As I said the divorce & probate Judge are the same, but apparently she wasn't aware ot it (I'm sure due to case loads or whatever) Now she is.
Now the bankriptcy court is aware of it all. If I made a mistake, it was a honest one & I'll stand by it any day. Someone had to cut through it all & hopefully it did just that.

 

[dcw888]

Excuse my typos. Also, now everyone involved is aware that I am being forved into bankruptcy myself due to my Ex & his dishonesty. Please keep your fingers crossed.