Legal Question in Bankruptcy in West Virginia
joint bankruptcy then divorce, repayment options
in process of paying back debt through reorganization, since married and a joint bankruptcy, decided to make payment from husbands paycheck automatically. wife leaves ,takes child, family law master grants child support to wife of 236.oo a month, bankruptcy reorg.payment from husbands check over $400.00, husband has 60.00 left of income a month now. can husband make wife pay half of the bankruptcy payment? this was a joint bankruptcy. just thought it easier to have it deducted from husbands check. wife makes over well over 2000.00 a month income.
1 Answer from Attorneys
Re: joint bankruptcy then divorce, repayment options
You say reorganization, that term usually refers to a corporation. The individual equivalent is Chapter 13, (wage earner's plan). I am surprised that the debtor's bankruptcy hasn't been consulted. Normally, an approved plan will contain a continuing fee payment and the court considers him or her to represent the debtor throughout the pendency. I assume that the Law Master was aware of the bankruptcy and the wage withholding. There are several remedies. The first is to modify the plan due to the change in expenses. Of course there may be reasons that the plan cannot be modified or could only be modified in a limited way. The case could be converted to a case under Chapter 7. I don't see why the bankruptcy court wouldn't order withholding by both employers, it is a court of equity with broad powers. I would presume that there are a number of complications, including secured creditors, arrearages in payments to secured creditors, equity to protect in assets and perhaps non-dischargable debts that all need to be evaluated in the context of a course of action. It will take a Chapter 13 specalist to work this out.
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