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
A: Hi there,
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.