Is my ex-husband protected by bankruptcy laws from complying to with a court order?
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Is my ex-husband protected by bankruptcy laws from complying to with a court order?
My ex-husband filed bankruptcy after we divorced. In our settlement agreement he had agreed to pay off a credit card in the amount of $7000. When he filed bankruptcy the credit card company had a collection company come after me. I agreed to settle the debt which was now $7743 in the amount of $1935.97 to satisfy this debt liability. At that time I did not realize I had to pay tax on the amount that was written off. I later received a bill from the IRS in the amount of $1447.31 that I had to pay. I want to file contempt of court charges to collect both amounts.
Asked on September 17, 2011 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In order to answer your question, I need to know when your former husband filed for bankruptcy protection. Before the final marital settlement agreement between you and him or afterwards? Also, was his bankrutpcy filing a Chapter 7 filing or a Chapter 13 filing?
There is a big difference between the types of filings and when the bankruptcy was filed.
Spousal and child support obligations are not dischargeable in a bankruptcy filing under section 523(a)(5) of the bankruptcy code.
In a Chapter 7 bankruptcy a martial settlement agreement's terms should not be able to be discharged in a bankruptcy, but it is best to file an adversary complaint to guard against such possible discharge.
Potentially obligations in a Chapter 13 bankruptcy can be discharged regarding a marital settlement agreement.
I suggest you consult with a bankruptcy attorney regarding the status of your marital agreement and your former husband's bankruptcy.
Good luck.
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