If my ex-husband is filing Chapter 13 and I have a judgement against him for an unpaid property settlement, can he get out of paying me by filing?

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If my ex-husband is filing Chapter 13 and I have a judgement against him for an unpaid property settlement, can he get out of paying me by filing?

Asked on January 17, 2012 under Bankruptcy Law, Virginia

Answers:

Sanford M. Martin / SANFORD M. MARTIN, P.A.

Answered 10 years ago | Contributor

No.  A Chapter 13 will enable him to eliminate some

debts and to pay the remaining debts over a 3-5 yr

period, depending on him income and debts.  Certain debts, such as child support, cannot be

written off.  Other debts, such as marital property

settlements also cannot be written off without

consent of the unpaid person.  You are advised

to participate as a creditor in his Chapter 13 Plan

which is required of a Chapter 13 debtor.


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