Obtaining a Contract for Deed during Chpter 13

[EdK84]

Jurisdiction

Kentucky

I am 2.5 years into my 13 BK and a year into it my attorney retired but sent me a letter stating he is seeing his open cases until the end. Well, since then for the past year I can not get him to answer an e mail or phone call so I have given up and am going to fire him.

Now, I want a divorce. But I know I can't do that in 13 or my child's father will be foreclosed on without my income plus I don't know if I can pay the thousands up front. I don't want my child to lose his home as my husband made a terrible mistake and got into some trouble which will make it I'm possible for him to get a home in a decent neighborhood until his plea is accepted. I am ashamed of him and thus the reason for divorce. He didn't hurt anybody, but still, what he was accused of is not acceptable to me.

I suffer from complex PTSD, agoraphobia, GAD and Panic Disorder as well as depression and self harm and I was given the opportunity to purchase some land from family on a contract for deed. I really should be hospitalized since I am frequently suicidal but I knew having a piece of land to live on after divorce is helping me to deal with my PTSD. I do have a doctor I've seen for many years and he agrees, that having a plan to "get out" is helping me mentally. Then again, the fear of bankruptcy fraud and my disappearing lawyer is making me feel worse.

I have a job making 2 more dollars per hour than I made when we filed BUT I drive 20 more miles per day and my payment for my land is 280.00 a month fo 3 years. It doesn't eat into any creditors money as I adjusted my disposable income by home school and stopping eating out. I also never travel to visit my family who lives across state, saving me 100.00 a week. That's how I budgeted my land contract.

I tried to contact my attorney with no luck. I was told to never talk to the trustee, to let him do it. I'm afraid I may have did something illegal by getting a contract for deed and I could go to prison. I don't want that so I'd be willing to sign the property back over to my family so they don't have to "force a foreclosure" and let them keep the money I've paid on it.

I just don't know what to do at this point. Any advice? I want to do what's right, I want to prepare for I know an impending disability, if I own land it makes beinf disabled easier. I'm trying to just get over my debts, bad marriage, deal with my problems and move on. But legally. And yes I'm sure having severe anxiety is causing me to stress over my decision as I was in tears after my hearing that I may have lied about something silly without realizing it, when I didn't, and I was for sure I was going to prison until my lawyer assured me I was just fine. Simply because I kept reading the huge sign on the wall about imprisonment if you lie .

 

[flyingron]

Keep trying to get a hold of your attorney. The trustee must approve the contract for deed.

You're not going to prison, but it could have serious financial repercussions (they may terminate your chapter 13), if you don't follow the rules.

 

[Disabled Vet]

Plus, Anything purchased during the marriage will be consider property of both you and your husband.

 

[EdK84]

I understand .

Plus, Anything purchased during the marriage will be consider property of both you and your husband.

He doesn't want the property. When I made the contract he signed a post nup because the other party on it would only do it that way. So...he can't take that even if he wanted. I want nothing he has purchased and he wants nothing I have.

Our plan is to just let him keep the big house worth 240K, his VA money and job more than covers it. Me take my land which is worth almost 9 grand, I keep my car, he keep his and I leave with what I came into it with. We already use separate bank accounts. I don't want alimony.I don't want child support. He will no doubt spend money on his son and so will I. He makes about 4X what I do and it was my understanding from a lawyer before that a judge won't make either of us sell property if our divorce is amicable.


We already live as a separate couple aside from legal address which will change soon as I'm moving 200 miles away. For the past five years I've had boyfriend's everyone is well aware of, including my husband. We don't even sleep in the same room. We just have stayed married so I have insurance for my medical bills since psychiatrists and psych hospitals are not cheap. My doctor charges 200.00 an hour, and takes no insurance. But our insurance will repay me 40% if I file it with them. And there are two hospitals in the state that will take my insurance for when I call it "incarcerated" because that is how it feels.

I'm willing to leave him a 240K home if I keep my 4.5 acres of land. I don't see a judge seeing an issue with that. Our divorce is totally amicable. I don't want anything from my marriage. No furniture, no land, alimony or chil support as our child is a teen and his dad definitely pays for him. He is stupid in many ways, but I'm not a woman who wants child support for a teen when their dad has always taken care of them and my son is 17.

I'll talk to a lawyer about the property and firing out old one. They may not even consider it to be enough to report. I remember my MIA lawyer stating we didn't need to turn in raises over a certain amount which was very high since they see our tax returns.