QUESTION

What do I need to file with his bankruptcy case so they know this judgment cannot be discharged?

Asked on Feb 02nd, 2015 on Bankruptcy - North Carolina
More details to this question:
My ex filed bankruptcy. In our divorce agreement, he solely owed a debt to my parents for $20,000 and a new contact was written as stated in our agreement. He paid for 2 years then quit. My parents took him to small claims and got a judgment on the remaining balance of $10,000. He is not trying to discharge this debt in his bankruptcy.
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7 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV
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If he is filing a 7, debts arising out of a divorce decree are nondischargeable, but that is only as to you. He discharges third parties, which would be your parents.
Answered on Feb 03rd, 2015 at 4:53 PM

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The debt is dischargable in BK. Only spousal and child support cannot be eliminated in the BK. If the debt is not listed in the case, it can still be in most cases.
Answered on Feb 03rd, 2015 at 1:10 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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When someone files bankruptcy, it is not their decision as to which debts are discharged. Debts are discharged according to the operation of bankruptcy law. While someone can voluntarily pay a debt that has been discharged, they have no legal obligation to do so unless the court approves a separate document called as reaffirmation.
Answered on Feb 03rd, 2015 at 1:09 PM

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Bankruptcy Attorney serving Overland Park, KS at Wellman Law LLC
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To answer your question, the two procedures that could be used to have the debt become non-dischargeable are an adversary proceeding and a reaffirmation agreement. However, unless there are other facts, such as those suggesting fraud, not mentioned in your fact pattern, the only basis on which this debt could possibly qualify as non-dischargeable would be as a "domestic support obligation". A domestic support obligation is usually only going to include child support or maintenance/alimony. In some cases certain other debts assigned in a divorce can be so obviously designed as support that they can be declared non-dischargeable. An example would be to pay the mortgage on the home the ex-spouse lives in. But it doesn't sound like being ordered to repay your parents was considered by the Court to be related to supporting you or children. Being a judgment certainly does not cause it to be non-dischargeable. In some states their judgment could be attached to real property that he owns, and if he did not avoid the lien as impairing his homestead exception that would allow the debt to in a sense survive the Bankruptcy. So, if he is saying he "didn't include it" or something to that effect, then I would just hope he pays, because I don't see anything about the debt in your fact pattern that causes it to fall within one of the categories of exceptions to discharge.
Answered on Feb 03rd, 2015 at 1:01 PM

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In some districts you can enter into a Stipulation with him, to be approved by and made the Order of the Court, determining that the debt underlying the judgment is not dischargeable. Other districts may require you to start an Adversary Proceeding (which must be filed within 90 days of his filing his BR petition) to determine dischargeability in which he can throw in the towel at the very beginning. You need an experienced bankruptcy lawyer. Good Luck.
Answered on Feb 03rd, 2015 at 1:00 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would need further details but generally if a debt is not listed it is not discharged.
Answered on Feb 03rd, 2015 at 12:57 PM

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Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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Whether your ex-spouse is trying to discharge the debt or not, the debt is still discharged, if eligible. Under a Chapter 7 discharge, a debt owed to a spouse, former spouse or child in connection with a separation agreement would be non-dischargeable. In a Chapter 13, this type of debt would be dischargeable. However, a debt to your parents does not meet this definition. Therefore, the debt would be discharged and enforcement of the debt would be a violation of the discharge injunction.
Answered on Feb 03rd, 2015 at 12:54 PM

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