Legal Question in Bankruptcy in Georgia

In the middle of a divorce. I have a motion to sever from a Joint Chpt. 13 that is simply sitting on the judges desk for signature following a consent order with no objections.

However, just yesterday, the trustee filed a motion to dismiss the Chpt. 13 due to my soon to be ex-husbands delinquency in payments. Hearing in a month.

If my motion is signed before the dismissal hearing, am I no longer involved?

I have to find a new attorney to handled converting to a 7 (which I meet the means test) following the severence, but now don't know what to do. Yes, it's a royal mess.


Asked on 6/19/10, 2:07 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Whya re you asking here when you have a lawyer? (A motion to sever and convert is not a do it yourself project). Your lawyer can get a status on the order. If it is in the Northern District of Georgia many cases recently changed judges, so he can check to be sure the right judge has the order. You haven't said how long it has been pending, but if was submitted as an "e-order" and not on paper, it should be granted quickly, and experienced lawyers use e-orders.

The motion to dismiss might still affect you (no one here has seen it, so no one here can tell you yes or no). Your lawyer should be able to answer that.

The means test is based on the time of filing, not the time of conversion. Discuss that with your lawyer also.

I hope you didn't start this without a lawyer. You need one all through the process.

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Answered on 6/19/10, 5:39 pm


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