Temecula, CA asked in Bankruptcy for California

Q: Can a judgement ordered for omitted assets from a divorce from over 9 years ago also now be put into a new bankruptcy?

The judgement was just rendered, the ex-husband is telling the ex-wife even with the judgement all he is going to do is file for a bankruptcy so he never has to pay what he originally hide from her to begin with, the judgment amount is roughly $375,000?

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2 Lawyer Answers

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

A: No. That judgment is probably not dischargeable bc (1) it is a domestic support obligation, and (2) if he concealed assets from you or the court, that is fraud, which is alsonon-dischargeable.

Bruce Alexander Minnick agrees with this answer

Harlene Miller

  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Likely not dischargeable in a bankruptcy context but should he file, strongly urge you to meet immediately with an experienced bankruptcy attorney. Or meet with a bankruptcy attorney immediately to have the judgment reviewed and assets discussed to better address the issues and options should he file. May just be a ploy to keep ex-wife from returning to family court. Also, ex-wife discussed the fraud with her family attorney? Seems there should be recourse against him for fraud.

Bruce Alexander Minnick agrees with this answer

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