What to do about alimony that is in arrears and a bankruptcy?

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What to do about alimony that is in arrears and a bankruptcy?

After divorce my husband has been paying my alimony and property division. Then 4 years ago, he filed for Chapter 7 and didn’t put my name on the list of creditors. He is in arrears to me but he said that I have to get this money from the bankruptcy trustee. I filed a proof of claim and sent it to the trustee’s office. They promised to pay but it was just promise. What can I do in this situation and is there a chance for me to collect?

Asked on February 3, 2013 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult immediately with a family law attorney with experience in bankruptcy matters about your situation. Ordinarily child and spousal support obligations cannot be discharged under federal bankruptcy laws.

You may need to get an application for relief from any stay that might be in effect to file a petition for an order to show cause for contempt of a court order for spousal support to be filed in state court to get what you are owed by your "ex" and to levy upon his assets.


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