Q: My ex is filing a chapter 13 bankruptcy in WY is claiming to owe me less than he does, i have a lien should i file claim
My ex husband has never paid the marital equalization payment that became a judgement. I have a lien on the home but now he has filed a chapter 13, in it he claims that he owes me roughly 13,000 less than he owes me. should i file a claim in the bankruptcy court? the trustee warned me about going after him through the divorce judge.
A: The amounts he owes you, whatever they are, is a domestic support obligation and not dischargeable in bankruptcy. However, you should hire an attorney and file a proof of claim for the actual amount he owes, not the amount he claims he owes. That will help you get your money faster.
Jonathan A Eller agrees with this answer
I agree with Timothy, you need to contact a bankruptcy attorney to make sure he does not discharge this debt. A lot of your issue will revolve around whether or not the support obligation was classified. Non-support Domestic Obligations are no longer dischargeable in a Chapter 7 but are dischargeable in a Chapter 13. Most attorneys offer a free consolation so you may want to look into that to better weigh your options.
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