Q: Do I need a debt collection attorney?
My ex-husband filed for bankruptcy shortly after a judge finalized our divorce and ordered him to pay me almost $4,000. I've talked to divorce lawyers and bankruptcy lawyers and no one is able to give me an answer. Someone mentioned a debt collection attorney, is this what I need? Thank you in advance!
A:
You should speak with a bankruptcy attorney. In general, bankruptcy treats payments ordered through a divorce as one of two things - a domestic support obligation (child support or alimony) or a property settlement (basically everything else). In a chapter 7 bankruptcy case, neither can be discharged (eliminated). In a chapter 13 bankruptcy case, domestic support obligations cannot be discharged, but property settlements are dischargeable.
A bankruptcy attorney should be able to look at both your divorce decree and the court docket of your ex-husband's bankruptcy and be able to tell you whether you can collect on that debt and what your options are. Attempting to collect without knowing that information could mean that you are violating either the automatic stay or the bankruptcy discharge injunction, so make sure you get some advice that is specific to your situation.
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A: Most any competent attorney can collect this debt for you bc it is a domestic support obligation that is NOT dischargeable in bankruptcy.
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A:
The discharge of the debt depends upon the type of bankruptcy filed and the nature of the debt. A bankruptcy attorney can answer the question with the appropriate information.
You should be cautious in pursuing debt collection until you are sure that the collection will not violate the bankruptcy protection.
1 user found this answer helpful
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