My Husband Sexually Assaulted Our Daughter and I’m Locked in a Chapter 13 Bankruptcy With Him. – Patty

“Dear Lewis,

Filed for joint chapter 13 bankruptcy

Found out husband was sexually assaulting 10 year old daughter moved out

sought divorice

his attourney is convertiing him to a chpter 7

to much leagal mumbo jumbo going through my head

I have a question for you- My husband an i filed for a joint chapter 13 bankruptcy in January of 2010- most of the debt was and is my husbands but to give me a fresh start and to take care of the medical bills my husband and i filed together – at that time my husband had 2 jobs and my self one

He lost one of his jobs in January shortly after all the paperwork was filed however because the paperwork was submitted to the court they based the payment off of all 3 incomes and – the court determined that the payment would come from my paycheck. and began taking this payment at the end of feb beginning of may of 2010 in the amount of 287.00 every 2 weeks.

In June of 2010 – my husband and i separated and husband was charged with sexually assaulting my 10 year old daughter. at that time the bankruptcy lawyer said that he could not change or modify the bankruptcy – Long story shorter – i have filed for a divorce and my husbands lawyer is converting him to a chapter 7 and representing him in the divorce and in the criminal trial – between trying get him to be responsible for 1/2 the payment between his divorce lawyer and mine his lawyer said that if i would sign a waiver of conflict that he would convert us jointly to a chapter 7 – my only concern is that the criminal proceedings are going to start as well so i dont want to sign something that will not be in my best interest – or to have them use that information against me somehow if i have to testify at the trial – should we go to trial.

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Should i allow the attorney that represents my husband in the divorce and now the bankruptcy and the criminal trial to subsequently represent me in the conversion of the bankruptcy – the criminal hearings are soon to come – they are scheduled for july.

What exactly would the conflict waiver do – what is it – does it not create a conflict for him to do the bankruptcy convesion for both of us but then defend my husband as well? Is my divorice attorney correct that signing the waiver will not harm the criminal case pending against him right now.

My attorney sought a temporary order to be half resonsible his lawyer wanted some words revised – she revised them sent it back to him – cause he agreed to sign the revised version of the order – but he hand wrote his own changes is this not an illegal thing to do after he agreed to sign the revised copy- now between his lawyer and mine they are wanting as i stated wanting me to sign a conflict waiver – but will that take my rights away what does it mean for the criminal trial.


Dear Patty,

I think you need to see your own attorney. Plain and simple. I would not want to be attached to your ex-husband for any sort of case, including a bankruptcy.

Go see your own bankruptcy attorney to determine the best course of action for yourself to get out of debt.

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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