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I really highly suggest you get legal counsel on this one because it's very complicated. The good news is, the courts made your ex responsible for the bills, so this means if he declared personal or business bankruptcy it will have nothing to do with you. Let him sweat it out! Even if he gave you the house and it was all done by the courts, and the house is solely yours, the IRS or anyone else can't take your home away or anything else the courts gave you. Good luck Marcy * You will have to sue your ex-spouse for monies owed. In the US terms included in a divorce decree are not legally binding when it pertains to creditor debt. If the debts were incurred by both persons then one can file bankruptcy and the other party get "stuck" with the debt regardless of the dissolution of marriage agreement. If the debts were solely incurred and the couple did not reside in a community property state then said debts belong to the person who holds the account or loan.

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โˆ™ 2006-11-15 22:29:03
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Q: If your ex was ordered to pay bills in your divorce but he filed bankruptcy on them how can you take him back to court to get the money owed to you?
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Related questions

Can court ordered dependent medical bills be included in a bankruptcy?

Yes.


Can a bankruptcy be stopped for a court ordered judgment made prior to the bankruptcy?

No.


Can you file bankruptcy on restitution?

No you can not file bankruptcy on anything that is court ordered.CAN YOU FILE BANKRUPTCY ON RESTITUTION?


Can you file bankruptcy on a civil lawsuit?

To avoid paying the judgment??? No. Court-ordered judgments are not discharged in bankruptcy.


Does bankruptcy cover court ordered restitution payments?

Bankruptcy doesn't "cover" anything. If you mean, can a criminal-court-ordered restitution be discharged so you don't have to pay it, probably not. Lawyers are trained to argue issues for their clients, so you might find a lawyer who can convince the bankruptcy court it should be discharged.


Can you add medical bills to an existing Chapter 13 bankruptcy?

Yes, you can amend your bankruptcy, usually for a fee that is passed on to you from the court. You should contact your attorney to add your medical bills before you bankruptcy is discharged and to reconfigure your bankruptcy plan.


Does bankruptcy protect you from a civil bench warrant?

No. It only protects you (financially speaking) from your creditors - NOT from the court. ALSO: Bankruptcy does not wipe out, or excuse, court ordered payments that were in effect prior to the bankruptcy filing.


Do a person have to pay alimony if they don't want a divorce?

If it is ordered by the court you have to pay it.


During an active chapter 13 bankruptcy if the spouse counter sues for divorce do they also need to obtain a relief from stay from the bankruptcy court for the divorce?

If they are seeking relief with respect to property, then yes.


Does bankrupcty protect you from wage garnishment?

No bankruptcy will not protect you from wage garnishments for certain types of debt. For example, court ordered child support/past due child support, court ordered alimony/past due alimony,student loans, federal taxes,state taxes and county taxes are not covered under the protections of bankruptcy. Bankruptcy will also not protect you from wage garnisments for court ordered fines,restitution.


How can you claim bankruptcy to avoid paying bills?

In order to claim bankruptcy a court has to issue a bankruptcy order against you. The best place to find information about bankruptcy and the whole process of declaring bankruptcy is the official government website.


What happens when a bankruptcy trustee uses an unexpected inheritance the petitioner receives to pay off debts a judge had ordered the ex-husband pay off at prior divorce proceedings?

The debts are paid off and the bankruptcy is closed or any remaining debts are discharged. Assuming the petitioner was the ex-wife who received the inheritance, the divorce court order still stands, and the ex-wife may file a contempt action in divorce court to have the ex-husband pay the ex-wife the amount used to pay the debts. He may even be liable for some or all the costs of the bankruptcy if his failure to pay the debts led to the bankruptcy.


Can you bankrupt a judgement from a divorce settlement?

No you cannot. Court judgements, like tax obligations to the government, cannot be discharged in bankruptcy court.


How do I become a constrction consultant with a license?

Yes, bankruptcy will discharge a court ordered judgment but it can be hard to qualify.


What happens to the garnishments after you filed bankruptcy?

If they were ordered by the court (i.e.: child support - back taxes - etc) you must still honor them, bankruptcy will not do away with court ordered liens. . Liens placed by private persons or businesses will have to take their place in your long line of creditors. As soon as you file, you take the papers from the bankruptcy court showing that you filed to your employer and the garnishment will stop. There are some exceptions to this.


Is there a statute of limitations on court ordered divorce payments in California?

No. Unless the person who owes them dies.


Can funds from your bank accounts be seized for unpaid medical bills?

With a court ordered lien, yes they can.


Can you claim bankruptcy on court fines Illinois?

Fines in Illinois can not be claimed in bankruptcy if they are derived from criminal acts, parking tickets and traffic offenses. Additionally, court ordered fines and restitution will not be discharged under Chapter 7.


If your ex files bankruptcy on a joint credit card they were court ordered to pay is there anything you can do to protect your credit?

No. Creditors do not care about divorce settlements concerning joint debts. The person not filing the bankruptcy will be held responsible for repaying any joint debt that was incurred during the marriage. The only protection for the ex-spouse is filing his/her own bankruptcy if they cannot pay the debt.


Can you stop paying for car insurance during a divorce?

You can unless it is court ordered then you really should comply.


Where do you file your divorce decree to make it a public document?

Everything filed with the clerk of court is a public document unless ordered sealed by the court.


How will filing for divorce affect a Chapter 13 bankruptcy?

i believe that Bankruptcy planning should be done before the final divorce decree is obtained. This way your required payment of joint debts may be discharged without violating a court order.


What does it mean when ordered that any wage orders are hereby vacated in chapter 13 bankruptcy court.?

Garnishments must cease.


What federal court hears cases involving federal bankruptcy court?

Federal Bankruptcy Court hears bankruptcy cases.


Does new federal child support guidelines override older state court ordered support in divorce?

yes