I was wondering why i would receive papers that my ex husband is filing for bankruptcy - chapter 13. We don't have any bills together - but, he does pay child support. (which I believe can't be forgiven, right?). also - he owes me out of pocket expenses from the children.
these papers came from a lawyer - do I have to do anything with them- and why were they sent to me?
2007-09-13 06:52:26 · 7 answers · asked by ★★★ Katharine ♥♥♥♥ 6 in Politics & Government ➔ Law & Ethics
Does this totally take away all his debt? Sucks knowing he went on a spending spree 3 years ago when we got divorced....and might get it forgiven! we had no debt whatever when we got divorced - except the house which is now in my name alone.
2007-09-13 06:56:15 · update #1
you are a party as you are receiving a part of his income (All creditors and debitors are to be notified); and 13 will be re-organizing his debit.
Note; he is re-organizing, not fliling Chapter 7. He's trying to get his debit straightened out, not escape them in full.
2007-09-13 06:56:33 · answer #1 · answered by wizjp 7 · 2⤊ 0⤋
Without seeing the papers its hard to tell why you were brought into the proceeding. If you had any community debt left over, then that would be one reason (if he assumed a credit card bill, and never paid it off), but Child Support judgments, and Tax Liens cannot be dissolved in bankruptcy. The only thing I can see is that you are considered a creditor to your ex-husband because of the child support judgment, and you have to be notified that he is filing bankruptcy. Just make sure that you attend any meetings of Creditors that are scheduled so that you can keep abreast of what is happening. But regarding your Child Support judgment, you are safe.
EDIT NO. 1 - also, if you are named as a party in this bankruptcy, you need to find out what bill he is claiming if joint. You can chose not to join in the bankruptcy, but then the creditor can come back on your for the outstanding balance. If this is the case, seek the advice of an attorney, ruining your credit with bankruptcy may not be worth it if the bill is minimal and you can pay it off in a reasonable amount of time. Also, pay an office visit to an attorney for good sound advice is better than making a decision about something you are not totally sure about.
2007-09-13 14:06:38 · answer #2 · answered by deanie1962 4 · 0⤊ 0⤋
The fact that there is a child support agreement between you and your ex means that you are a party to some of his debt and should receive notice that he is filing for bankruptcy. Chapter 13 bankruptcy usually involves a structured repayment plan instead of wiping out all his debt. I would consult an attorney and have them read through the papers to ensure that you receive what you are entitled to under his bankruptcy plan.
If the money he owes you is court ordered back child support, that type of debt usually is not dischargeable under bankruptcy. If it is for some other type of expense that you have an agreement that he will repay you for (not a court ordered child support arrangement), you may have to file some paper work to ensure that you at least get some of the money he owes you back.
2007-09-13 14:08:01 · answer #3 · answered by msi_cord 7 · 0⤊ 0⤋
The previous responders have good intentions and definitely mean to help you.
You received notice because your ex-husband owes you and your children what are called "Domestic Support Obligations". These cannot be discharged in bankruptcy and must be paid in full at all time both before and after the bankruptcy is filed for your ex-husband to get the relief he wants in bankruptcy.
You are entitled to notice of his bankruptcy case both at the time it is filed and at the time of he concludes his case before he gets a discharge.
If he owes you anything, you should file a proof of claim. You may not need a lawyer to do this but be sure you assert your number 1 priority as the holder of a Domestic Support Obligation. If you do get a lawyer, it shouldn't be too expensive or difficult for you.
2007-09-16 23:18:49 · answer #4 · answered by DLeibowitz 5 · 1⤊ 0⤋
I always believe in making attorneys earn their money so I would call and ask him to make sure your name is not on any of the accounts. I do know that child support, taxes, and college loans cannot be discharged in bankruptcy. And Chapter 13 is a repayment plan; Chapter 7 erases all debt.
2007-09-13 14:00:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need to read the papers thoroughly. They should indicate why they were sent. He may be attempting to get out of the out of pocket expenses. Also, if he was supposed to pay any joint debts in the past at the time of the divorce, the creditors may attempt to come after you for the debt -- even though he was supposed to pay.
If the document is from an attorney's office, contact that attorney if there is a portion you don't understand. They will explain it to you. They may refer you to another attorney if there is a possibility that you may end up owing money.
2007-09-13 13:58:55 · answer #6 · answered by mj69catz 6 · 1⤊ 1⤋
They may cover out of pocket expenses, they may not be considered child support. You may have a joint account that either you have forgotten or did not know about.
The key here is to read the papers COMPLETELY. If you don't understand what they mean to you, see a lawyer. You can hire a lawyer to just explain the papers to you. An hour or two at the lawyers rates could save you lots in the end.
2007-09-13 13:58:41 · answer #7 · answered by davidmi711 7 · 2⤊ 1⤋