Q: My ex is forcing bk estate to incur thousands of $$s bcuz he's filed adversary actions, breached stay. Can I recoup $$?
Is he considered a co-debtor or creditor? (we were separated when I filed Ch. 7). He's repeatedly breached the stay, deliberately stopped the sale of our house on the day it was to be sold, filed adversary actions and even threatened to sue Trustee's attorney. Thousands of dollars in legal fees have been spent by Trustee's attorney because of his actions and half of that amount is coming out of my portion of the estate. Can I legally recoup my money from him for his deliberate actions that are causing me to lose so much money? Would I do that in bankruptcy court or family court? He's refusing to allow bankruptcy to be closed so we could proceed to family court to go to trial.
A: Impossible to answer specifically from the information available but if they are proven frivolous, you may be able to recoup your fees in the bankruptcy case. Recouping in divorce court would depend on the specific language in the court order or agreement.
A:
If the family law case is ongoing, and the BK is what is holding it up, you can file for orders to compel or enjoin behavior affecting the marital community in the family law court.
That said, if this is a path you want to take, I strongly advise you hire counsel to do so.
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