If my wife’s ex-husband owes us money from judgements but has now filed for Chapter 13, what can we do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.