Fort Collins, CO asked in Bankruptcy for Colorado

Q: Can my ex-spouse get a judgment for mortgage payments that were previously discharged in Chapter 7 bankruptcy?

There currently is a judgment obtained after the bankruptcy. This bankruptcy was before the laws changed in 2005. Is this in violation of my bankruptcy discharge? If so, is the entire judgment void? (he also sued for over payment of child support) What is the procedure for correcting it?

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1 Lawyer Answer
Kathryn U. Tokarska
Kathryn U. Tokarska
  • Bankruptcy Lawyer
  • San Diego, CA

A: This is a confusing question. What came first, the debt or your bankruptcy discharge? If the debt was acquired post petition, after you filed for bankruptcy then it was not part of the discharge received in your previously filed case. If the debt was incurred prior to the filing of the bankruptcy then the question is whether this debt was dischargeable. Certain debts are not dischargeable, like support obligations. Also some people get into trouble if for example under a divorce settlement agreement or a divorce order the debts are split up certain way and then instead of paying that debt as per court order they file bankruptcy to discharge the debt and this somehow hurts the ex-spouse. I'm not a Colorado attorney. I would encourage you to contact a local attorney, explain your situation, let them ask you follow up questions to get to the bottom of this. Good luck.

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