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Adversary Proceeding

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  • Adversary Proceeding

    I found out thru my attorney's office that my ex-husband (who was listed as a creditor in my Chapter 7 Bankruptcy - hearing done - awaiting discharge) has filed an Adversary Proceeding complaint to exclude him from discharge. In our divorce decree (finalized 8-27-09), the judge awarded him $3,587.17 plus 10% interest for charges incurred on our joint credit card where he was the primary on the account. I am at a complete loss as to how to fight this. I am unemployed and have been denied unemployment benefits so I have no income at this time. Can't afford an attorney either. I am living with my sister and her husband and through their good graces, I'm not on the streets, yet. I don't know where to begin. I have not been "served", just made aware of it by my attorney. Any definitive help that someone can give me in order to respond to the complaint along with ample ammunition to this would be greatly appreciated.

    THANKS SO MUCH!

  • #2
    My limited understanding: bankruptcy can discharge debts owed to the original creditors, but do not override a divorce decree/order from family court.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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    • #3
      I am a little mystified. My boyfriend's ex was awarded 20K in their divorce and it was discharged in his bankruptcy. She did not file an adversary complaint though. Guess I will hope for further clarification. THANKS!

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      • #4
        And, the attoryney that handled my bankruptcy also was my attorney for my divorce. So if it was non-dischargeable, she would not have included it. THANKS AGAIN!

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        • #5
          Originally posted by rjoslady View Post
          And, the attoryney that handled my bankruptcy also was my attorney for my divorce. So if it was non-dischargeable, she would not have included it. THANKS AGAIN!
          Why would you think that?
          She included it because, you are required to list all of your creditors.

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          • #6
            Originally posted by rjoslady View Post
            I am a little mystified. My boyfriend's ex was awarded 20K in their divorce and it was discharged in his bankruptcy. She did not file an adversary complaint though. Guess I will hope for further clarification. THANKS!
            You may not be able to discharge the debt to your ex. It's all going to depend on your court order. I know that in mine, bankruptcy was mentioned. And if his name was still on the mortgage that I just discharged, he would have been able to go after me for any mortgage payments that he made when the bank went after him for payment. I would read your court order carefully.

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            • #7
              Obligation to the credit card company may have been discharged - obligation to the ex-spouse was not. Ex-spouse might need to pursue it thru civil action now.

              Originally posted by rjoslady View Post
              I am a little mystified. My boyfriend's ex was awarded 20K in their divorce and it was discharged in his bankruptcy. She did not file an adversary complaint though. Guess I will hope for further clarification. THANKS!
              Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
              (In the 'planning' stage, to file ch. 13 if/when we have to.)

              Comment


              • #8
                my thoughts

                Originally posted by rjoslady View Post
                I found out thru my attorney's office that my ex-husband (who was listed as a creditor in my Chapter 7 Bankruptcy - hearing done - awaiting discharge) has filed an Adversary Proceeding complaint to exclude him from discharge. In our divorce decree (finalized 8-27-09), the judge awarded him $3,587.17 plus 10% interest for charges incurred on our joint credit card where he was the primary on the account. I am at a complete loss as to how to fight this. I am unemployed and have been denied unemployment benefits so I have no income at this time. Can't afford an attorney either. I am living with my sister and her husband and through their good graces, I'm not on the streets, yet. I don't know where to begin. I have not been "served", just made aware of it by my attorney. Any definitive help that someone can give me in order to respond to the complaint along with ample ammunition to this would be greatly appreciated.

                THANKS SO MUCH!
                I am not a lawyer, but my understanding is that only "support obligations" (i.e. child support, alimony or other monies specifically labeled as "support" to the ex-spouse) are non-dischargeable in bankruptcy. Other debts in the divorce decree can be discharged.

                Your ex has the right to object to the discharge, but it doesn't mean he is going to win his case. I believe your best "defense" to his adversary proceeding is to demonstrate that the debt is not a "support obligation" and that the hardship to you for paying the debt back would be greater than his hardship for not receiving it.

                I wouldn't worry too much about this. Even if he successfully fights the discharge, the BK court is not going to "award" him anything or make you pay anything. It simply means the debt will not be discharged and you will still be liable for it. He would then have to sue you in civil court and get a judgment. And even then, he is not going to have any recourse to collect if you are unemployed and broke.

                Best wishes.
                4/2010 - Filed Chapter 7 no asset case w/car reaffirm
                5/2010 - 341 meeting, no creditors present
                10/2010 - Reaffirm finally approved and case discharged the same day

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