Q: My ex & I received a settlement on a loan we took out when married. He filed bankruptcy after our divorce.
Settlement check was sent to Trustee on his bankruptcy case. The order is clear that that he and I are both parties and that the I am entitled to 1/2 the settlement. The Trustee has refused to give me my portion of this settlement, and has instead submitted it to the Bankruptcy court in an attempt to "get permission" to give me my money. Is this appropriate?
A:
Based on the bare facts you stated, and, if you are not in bankruptcy yourself, then, it does not seem appropriate. You need to seek counsel from an attorney and hire them to file a motion with the bankruptcy court to have a judge decide who is entitled to the money.
I realize your question was in May, but I just began answering questions in this forum.
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