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Divorce and Marriage Law
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Bankruptcy Law

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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2006-11-15 22:29:03
2006-11-15 22:29:03

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

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

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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.

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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.

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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.

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

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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.

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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.

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

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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.

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

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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.

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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.

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

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

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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.

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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.

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Federal Bankruptcy Court hears bankruptcy cases.

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A creditor can not go to the bank themselves and do it, but if they go to court and get a court ordered lien - yes, it can be.

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Supervised visitation is utilized in every state and usually done when either ordered by the court with CPS involvement or ordered by divorce court due to actions deemed potentially dangerous to the childs mental/physical health, or ordered by the court in a case where two parents were never married.

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In general, bankruptcy stops debt collection, at least temporarily. However, child support debts are not discharged in bankruptcy - the bankrupt person still owes whatever support was ordered by the court(s).


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