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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?
Wiki User
∙ 17y ago
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.
Wiki User
∙ 17y ago
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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.
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.
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.
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.
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 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 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.
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.
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.
