Q: Does a motion to lift stay (DSO Claimant) for a default judgment mean I still must figure out collection from ex?
Ex Husband is still in the approval (or denial) for Chapter 13. My motion for relief of stay keeps getting pushed forward since he keeps getting pushed forward. The trustee is now recommending denial of his chapter 13 due to timeliness. I have a default judgment for attorney fees and amount owed up to the date of the signed judgment 5-31-22. I have incurred additional attorney fees to collect on the debt still owed and now more attorney fees due to the bankruptcy proceedings. I want to be reimbursed for those attorney fees because they are completely due to his neglect to pay. My attorney is difficult to get an answer from. They are negotiating with his bankruptcy attorney, but saying I will receive no less that the amount awarded in default judgment, but I said no. I want additional attorney fees specified. And if I am not in the Ch. 13 with the trustee, don’t I still have to find a way to collect the funds?
A: You will have to get the additional award of attorney fees approved by the divorce court. Your settlement agreement may also have language regarding such an award.
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