What to do if I missed the deadline to file proof of claim as to why my 10 year old divorce property settlement shouldn’t be discharged in my ex-wife’s Chapter 7?

The settlement is due in 9 monthss. My deadline to file was a month ago but I didn’t because I assumed that it was not dischargable for any reason; I failed to file to protect the money ($31,200) from being wiped out with her 4 other creditors listed. Can I still file something?

Asked on February 13, 2013 under Bankruptcy Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Federal bankruptcy requirements are very strict. Most likely if you failed to file your petition to prevent the discharge of the property settlement with your "ex" timely your entitlement may have been wiped out and discharged. I suggest that you immediately consult with a bankruptcy attorney about what your legal options may be now.

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