My ex filed chapter 7 and owes me money - HELP!

[jpvn55]

I've been browsing this forum, and it appears most people here are the one's filing for B/K. Even though I'm on the other side I hope someone here can give me some advice.

Our divorce was final in Feb 2003. My ex owed me money that was the result of our divorce property division. She got a car that was in my name. She never transferred it to her name. The car broke down and she left it at a garage, and stopped making payments. After the bank called me (since my name was still on the lien), I picked up the car, and continued payments, and had it repaired. I took her to court and the judge ruled that she owed me about $4,800, because she did not comply with the divorce decree. I gave her the car and title.

Then she filed B/K. As far as I know, there are only 2 creditors - a educational loan and me. The ed. loan will probably not be discharged so it looks like she only filed to discharge my claim.

Here's my questions:

1) Should I attend the creditor's meeting, and what should I say?

2) I've read somewhere that divorce property distribution debts may not be discharged. Anybody has any information about this?

3) Can previously court ordered debts be discharged in B/K?

Any other suggestions for me would be appreciated.

JP

[pink_amulet]

From what I have read here and heard it boils down to IF that person qualifies for BK, NOT who the creditors are. If they qualify than all dischargeable debts WILL be wiped out. Even if it was a judgment or not.

My best friend's husband owed her money and she had a judgment on him, then he filed BK, and she was out of luck. It made no difference that she they had been married, and since the money owed wasn't child support, it was able to be discharged. She showed up for the 341, and it did her no good. The trustee told her she was NO different than a creditor. Hope this helps.

pink_amulet

[Genenco]

Pinktiger? As he's paid for the repairs and such, wouldn't he have a claim against the car and thus, be a "Secured Creditor"

Also, if she hasn't changed names on the title, wouldn't he have rights to take said car as he's the "Legal Owner" ??

[Debtsarenogood]

TO become a secured creditor there must be a security agreement ,by paying for repairs does not entitle one to be a secured creditor.

[StaciMM]

If the OP gave her the car, in that he transferred the title over, he no longer has a claim on the car. Hindsight is 20/20, as the saying goes. Would have been better to sell the car, get something out of it.

[Genenco]

TO become a secured creditor there must be a security agreement ,by paying for repairs does not entitle one to be a secured creditor.

Quite true, was thinking on another thing when I typed that :P

[Genenco]

If the OP gave her the car, in that he transferred the title over, he no longer has a claim on the car. Hindsight is 20/20, as the saying goes. Would have been better to sell the car, get something out of it.

That's what I am wondering..If she didn't do it before, she may not have done so later and so, he could take said car. Then sell it and drop the matter...

[jpvn55]

Thanks

Thanks for the feedback. Unfortunately, the judge ordered her to pay me the money, and for me to sign over the title. I did my part, but she didn't.

One comment lead me to ask this: Who qualifies for B/K?

[AAAArt]

Thanks for the feedback. Unfortunately, the judge ordered her to pay me the money, and for me to sign over the title. I did my part, but she didn't.

One comment lead me to ask this: Who qualifies for B/K?

Income vs. expenses is the only criterion.