Non dischargeable payback time period?

[kdowd771]

What is the name of your state? Tx
I filed for a chpt 13 bk back in Aug of 2003. My STBX was listed as a zero dollar creditor because the divorce was not done and we did not know how much I would owe her. The divorce was finally done on 3 Feb and its was determined that I owed her 9 months of arrearage from a temporary order that said I had to make the house payment until the divorce was finalized. I stopped making the payment back in May 03 and she picked it up. She has made 9 payments that total 11,097 I have to pay back to her.
My chpt 13 had me at a 3% payback totaling $60 per month. Now with the divorce done my income will go down and my expenses up, making me eligible for the chpt 7.

Ok so how long do I have in a chpt 7 to pay back this 11,097 arrearage? The chpt 13 said 60 months max. But what about the 7?

 

[JETX]

A chapter 7 is a liquidation and does not have a 'payback' period. Simply, all of your non-exempt assets are given to the estate and sold..... with the proceeds going to the creditors.

 

[kdowd771]

So what happens to non-dischargeable debts? Specifically the spousal maintenance that I have been ordered to pay?

 

[JETX]

"So what happens to non-dischargeable debts?"
*** Nothing. The filing doesn't alter your obligation or the terms of payment.

"Specifically the spousal maintenance that I have been ordered to pay?"
*** You will have to continue paying on it just as you are currently. And if there aren't any specific repayment terms, then she could take you to court and get a non-dischargable judgment against you and enforce it.

Bottom line..... I don't recommend your converting to a chapter 7 solely due to this debt obligation.

 

[kdowd771]

My understanding is that it already is a non-dischargeable debt. Spousal support.
Since the original 13 had her listed as $0 now it will be $11,097. In the 13 this would be payable across the remaining months of the 13 bk which right now is 53 months.

However due to the reduction of income and increase in bills I am in the negative each month. No assests other than my 93 truck with 200k miles and my personnal possessions. My bk lawyer says I now qualify for conversion to a 7. This debt to her is non-dischargeable in either a 7 or 13.
My main objective here is to get out of bk asap.

if I have to pay her back in either a 7 or 13 and the 7 gets me out of bk faster wouldn't that be the better one to do?

 

[JETX]

"if I have to pay her back in either a 7 or 13 and the 7 gets me out of bk faster wouldn't that be the better one to do?"
*** Yes, but that was NOT your question..... until now.