More details to this question:
6 years ago, my ex-husband and I filed for divorce and in our divorce decree, it says he was to start paying me payments on December 1, 2013 of 18,000 dollars that I loaned him while we were still married. 2 years after we got divorced, I filed bankruptcy. The bankruptcy trustee said that instead of him paying me the payments for the loan, he was to pay her. How is she entitled to money 3 years after the bankruptcy? She has also stated that no money is supposed to come into my household from him but we have a daughter together so how does she have the authority to tell me that?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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There are a lot of missing facts in your post, most notably which bankruptcy chapter you filed, so you really need to have a bankruptcy attorney in your area review everything in your case in order to figure out what's going on.
My guess is this: Assuming this is a Chapter 7 case, the debt owed to you from your ex-husband was an asset that existed on the date you filed your case. If you did not exempt that asset pursuant to whichever state's exemptions laws applied in your case, then it belongs to the Trustee. The fact that the award of this money came from a family law court or divorce decree is irrelevant as to whether or not it is an asset.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Jan 28th, 2013 at 8:33 PM