ex's bankruptcy and new laws

[ialwu07]

My ex filed ch. 7 and is attempting to discharge debts he was ordered to pay in the divorce decree. He filed 11/06 so I know that under the new laws these debts are nondischargeable under 523(a)(15). My question is, how do I insure, without having to pay for an attorney, that these debts are listed as domestic support obligations and aren't discharged?

[SinkingFast]

You shouldn't have to do anything.

BK attnys are now held responsible for their Client's filings as part of the New Law. The attny is supposed to review and check out the Filer's information to verify accuracy prior to filing the Petition. Whether or not your Ex has had any previous marriages/Divorces will be a question that gets asked.

If your Ex hires/hired an even remotely reputable attny, the attny will ask to see a copy of the Divorce Decree/Settlement papers. There have been other Posters here who've had to do that. Even as far back as a Divorce that occurred 20+ years prior to filing BK. The Divorce Decree/Settlement papers should be submitted to the Trustee, along with Income Taxes, and other Docs, as part of the original filing packet.

What ever debts were listed as your Ex's obligation in the Settlement won't be dischargable.

[SinkingFast]

I noted the date, 11/06, after my initial comments posted.

If your Ex filed Pro Se, or did not disclose the Divorce, there is something you can do for very little cost.

You can sign up for PACER:

http://www.bankruptcyforum.com/showthread.php?t=1011

In the last post of that thread, I gave instructions for how to check on Filer's cases.

When you get to the part of entering the case number, you can enter your Ex's SSN instead. Then you can check on his/her filing. You can print out and read thru all the docs that were part of his/her original petition. All the Schedules and such.

If the Debts that were listed in the Divorce Decree/Settlement are listed to be Discharged, you can contact the Standing Trustee that handled the case, the US Trustee's Office, and/or the Clerk of the Court.

You can also mail the Standing Trustee, the US Trustee, and the Clerk of the Court copies of your Divorce Decree/Settlement. Personally, I would send Court Certified/Sealed copies and mail them via USPS Registered mail.

[ialwu07]

Thank you so much. I have been researching this for a while and that is the best information I have received.

I did hire an attorney to file an objection to discharge. He got a reply from my ex's attorney stating he did not agree that my ex owes the debt. My attorney could not give me a good explanation as to how he could disagree when the decree is very specific about the mortgage. Then, my attorney told me we will have to litigate the issue, costing me thousands. That's when I decided to take the matter in to my own hands. I realize I am equally responsible for the mortgage, but my ex-husband should not be able to discharge his half.

[SinkingFast]

Just as a free CYA for you,.............. Schedule yourself a BK Consult with another attny. When you go, take your copy of the Divorce Decree with you. Act like both you and Ex are gonna file separately now that the Divorce is settled. See what the 3rd party, unbiased attny has to say about the validity of the debts owed by your Ex.

It's not something that you can point to and say "Attny, Mr. Joe Brown, said thus and so." But at least you'll know better where you stand and whether or not to proceed.

If you involve the Trustee or the US Trustee in the matter, you're basically implicating your Ex in BK Fraud. So you definitely want to tread carefully.

[ialwu07]

I will do that.

I kept the house in the divorce. The divorce decree states that my ex could remain in the house as long as he kept the mortgage current. Then he was responsible for half when he moved out. He did neither, costing me thousands in fees-and almost the house. I was suing him for contempt when he filed.