Asked in Bankruptcy

Q: Not sure if I need to file in something with the district court or bankruptcy court.

I don't have a bankruptcy attorney. No one would take my case since I had an appeal pending in the supreme court. I do have an attorney for the supreme court and district court. I just wasn't sure what I should file. If he starts receiving the disbursement from the bankruptcy court then I would not be in contempt any more so I thought maybe the district court couldn't go after my TSP retirement any more. And maybe once he receives the first payment of about $1400 from the bankruptcy court my district court attorney could ask to see the judgment lien paperwork my ex filed with the district court to see if he informed the court he received money from the judgement.

My ex is the only reason I filed the bankruptcy so if I can protect my TSP retirement in district court I will continue the bankruptcy. If he will get the money through district court then there is no need to continue my bankruptcy and I can file to dismiss.

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1 Lawyer Answer
Lloyd  Nolan
Lloyd Nolan
Answered

A: I realize that there may be some facts that I don't know, but based upon what you've told me it would seem reasonable to dismiss your Chapter 13. If the "district court" judgment and the QDRO are final, it would appear that your ex-spouse has been paid in full. If, as you say, that was the "only reason" you filed, there is would be no point to continue in your Chapter 13.

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