Chapter 7 Creditor

[email2ya]

My X spouse has filed chapter 7, listing me as a creditor. In my response, I have filed an objecting complaint on the grounds there are no basics for this bankruptcy against me, and no proof of the amount listed. I have a letter from the courts, to prove there is no judgement or final degree, from the divorce, as of yet, that would state an amount to file in the bankruptcy, yet an amount has been filed. My question is, is this legal, and can the bankruptcy filed against me, as a creditor, be allowed?

I have been to the Meeting of the Creditors. What is the next step? What should I do now?

My X spouse has also listed as creditors, Internal Revenue Service, Office of Chief Counsel, U. S. Attorney General, and United States Attorney. Can these bills be totally discharged from him repaying them?

[HHM]

You really should seek an attorney for this, and probably should have done so before filing a proof of claim or objection to discharge. It is a little odd that a former spouse would file BK before a Divorce is finalized.

As to the IRS and other governmental units, whether the debts could be discharged depends on the nature of debts, but usually they cannot be discharged. Also, child and spousal support cannot be discharged and he will have to continue to pay. However, he is allowed to to put unliquidated claims in a BK. Depending on what state you live, what happens when one spouse files a BK, is that invariably, the other spouse will have to because most debts incurred during marriage are considered community debts, so if after a divorce, no matter what the Divorce Decree says about who is responsible to pay what debt, the creditors will look to the non-filing spouse to pay off what the other spouse (the filing spouse) discharged.