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.
