April 6, 2017

Background

  • Ex-Husband was required to make monthly alimony payments according to his Marriage Settlement Agreement (“MSA”).
  • MSA stated it could not be modified.
  • Ex-husband fell behind in his payments
  • Ex-husband tried unsuccessfully to lower his MSA payments in State Court
  • State Court ruled against him – Affirmed on Appeal
  • Threatened with jail time, the Ex-husband filed a Chapter 13 Bankruptcy as a delay tactic.

Court Ruling

  • Dismissed Debtor’s case
  • Sanctioned Debtor and his attorney for filing a Chapter 13 Bankruptcy in Bad Faith.
  • Debtor’s attorney admitted at the Meeting of Creditors that the Plan was not confirmable in that the Debtor’s expenses were 3x more than his earnings.
  • Debtor’s attorney admitted filing of this Chapter 13 was a delay tactic.

Shame on the Attorney and shame on the Ex-husband – he better bring a toothbrush for Jail the next time he appears in State Court.