St Louis, MO asked in Bankruptcy and Contracts for Georgia

Q: Ex-husband filed chapter 7 in 2019, but I just found he added me as a creditor and said he didn't know where I lived.

I found out after looking up some court information that he put down he did not know where I live, but he lived with me prior and had to pay child support at time. Can I be removed off the creditor list? I have agreement he has yet to pay me for that was signed before he filed.

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2 Lawyer Answers

A: It sounds like you are a creditor bc of the unpaid agreement but that should not affect you getting paid bc domestic and other support obligations are non-dischargeable. You might, however, want to report his fraud regarding where you lived to the US Trustee handling his case.

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James L. Arrasmith
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Answered

A: In your situation, it's important to first clarify the nature of the agreement and the debt involved. If the agreement was for child support or another personal obligation, and he filed bankruptcy, you might still be able to enforce the agreement. Bankruptcy generally does not discharge debts like child support, which are considered domestic support obligations.

Since you were incorrectly listed as a creditor and he misrepresented your contact information, you should consider reaching out to the bankruptcy court where his case was filed to notify them of the error. It's also a good idea to provide them with evidence that he was aware of your address, such as records of child support payments or any other correspondence between the two of you. This can help in correcting the record and ensuring that all proceedings are based on accurate information.

Finally, you might find it useful to consult with a legal professional who has experience in bankruptcy and family law. They can offer specific advice tailored to your case and help you understand your rights and options moving forward. This step is crucial to ensure that your interests are protected and that you navigate this complex situation effectively.

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