If my wife’s ex-husband owes us money from judgements but has now filed for Chapter 13, what can we do?

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If my wife’s ex-husband owes us money from judgements but has now filed for Chapter 13, what can we do?

We have 3 judgements; 2 for timeshares costs that we had to pay since he did not, pluslegal fees on those cases, and 1 for $35,000 in which he was to pay my wife as part of a divorce settlement. He has filed for Chapter 13 and the Meeting of Creditors is coming up. Can we do anything? Should we go to the meeting? If we did get any money, when if we want to fight for the whole amount he owes? Whats an objection and how do we do that?

Asked on May 7, 2012 under Bankruptcy Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A Chapter 13 bankruptcy is a reorganizatrion as opposed to a personal liquidation of assets. Given the three judgments that that you and your wife have against the debtor, it would be advised that you consult with a bankruptcy attorney who represents creditors to see what can be done to protect your interests against the debtor.

The $35,000 dissolution agreement and judgment may not be able to be eliminated under federal law in that to do so might be in violation of public policy.

You should go to the creditors meeting to protect your interests. You should also request the full amount of the judgments plus accrued interests and allowable costs. An "objection" is a legal statement constesting some claim of the debtor.


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