Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Can they sue my new husband for my old Civil Suit through Advesary Proceedings?

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  • Can they sue my new husband for my old Civil Suit through Advesary Proceedings?

    I received an Adversary Proceeding Suit, suing my husband and me under our marital property. This is a 8 year old civil suit for some money that I took under fraud from an employer, which I have paid about 1/3 of. I am not trying to deny I am guilty (I have been clean and sober for 6 years now) but I am concerned that they can attach my husbands wages if it is accepted. We have kept our finances separated just for this reason. We have been married for 2 years. We have received a discharge on our Chapter 7 BK on June 26th. Here is the timeline. 314 Meeting on 3/14, AD filed on 6/13 which is technically day 61 including the day of the meeting 314, but the form 9A states deadline is 6/13 so I think it is valid. We had an attorney but she considers the case closed since we received the discharge. Your advice is greatly appreciated.

  • #2
    Are you sure that your dates are correct? The last date to file an adversary proceeding (complaint/AP) to determine dischargeability is 60 days from the first date set for the meeting of creditors (a/k/a 341 meeting). If your 341 meeting was held on 3/14, then the last date to file a complaint is 5/13/2014 (period).

    Unless the creditor filed for some sort of extension, this makes not sense.

    If your civil suit was before you were married, then they can't attach any marital property (since you are in a Community Property state). (At least, without looking, I think Washington is one of the community property states.) So they shouldn't be able to attach your husbands or the "community" property.

    You really need an attorney! It's going to cost you a bunch of money to be represented. You should ask your current attorney how much to represent you. I'm sure they'll ask for something "north" of $4K as a retainer.

    You may still want to pay your attorney for an hour or two consult at their regular rate to see if you should just settle. Settlement will be cheaper in the long run (as the legal fees can pile up). Make sure your attorney is well versed in adversary complaints and can provide you with expert advice. As you may have already concluded, debts that were accrued through fraud, are non-dischargeable. This creditor is making sure this debt is not discharged, so they mean business.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      I did make a mistake on the date it was April 14th not March so it looks like it all falls into the time frame. I am running out of time to respond so tomorrow I will need to find an Attorney in King County. I am heart sick that this might affect my husband. We filed BK not to get out of this debt but because of a debt that followed him from his ex-wife. I never expected them to let it go, nor should they, I just want to protect my husband if I can. If that means I have to divorce him, I will, but it is not our desire.


      • #4
        Please speak with an attorney. You may just settle and then make payments. The terms of the settlement and your performance of the terms of the settlement will dictate what impact it will have on your "marital" property. I am not an attorney and certainly not that familiar with community property states and the protections afforded to marital property.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          You need to talk with at least three attorneys before you settle on one. There are many out there with varying experiences. You will not know this until you do your 'do diligence' and interview at least three attorneys.

          My best wishes to you!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."


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