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omg!!! Can he do this-any legal experts out there?!?!?

Hi Ladies-

I'm recently divorced-in our divorce decree my ex-husband was ordered to pay me $4000 for reimbursement of expenses.......he's not paid me one penny and I just got paperwork in the mail that he has filed bankruptcy and named me as a creditor!!! WTF?!?

Can he do this? I checked with one atty. and they said since it isn't child support or spousal support-that he "thinks" its a dischargeable debt and his bankruptcy will cover it.....I really needed that money for bills and christmas..I can't believe he would do this to his family...

Please-advise anyone?

Answer Question
 
lorac0124

Asked by lorac0124 at 4:43 PM on Nov. 18, 2008 in Money & Work

Level 1 (0 Credits)
Answers (10)
  • yikes, sounds like he may get away with it :-( sorry mama!
    Crystal42683

    Answer by Crystal42683 at 4:45 PM on Nov. 18, 2008

  • He can't claim anything like that in bankruptcy. Anything ordered in a divorce. Hence the reason a man can't file bankruptcy to get out of child support.
    TheDiva320

    Answer by TheDiva320 at 4:48 PM on Nov. 18, 2008

  • I don't believe that he can put any court ordered expense on bankruptcy.
    CarolynBarnett

    Answer by CarolynBarnett at 4:56 PM on Nov. 18, 2008

  • No he cannot. You need to file a motion to show cause aka contempt. Child support and Alimony or things awarded by a family court judge cannot be claimed in a bankruptcy.
    gemgem

    Answer by gemgem at 5:24 PM on Nov. 18, 2008

  • Relax momma, he CANNOT discharge ANYTHING that is court ordered, and the bankruptcy atty should tell him this, but the judge certainly will. I KNOW because I filed bankruptcy myself and they go through all the do's and don'ts at the hearing.
    Babylove76

    Answer by Babylove76 at 7:41 PM on Nov. 18, 2008

  • Im going with gemgem on this one
    Star419

    Answer by Star419 at 9:21 PM on Nov. 18, 2008

  • If an attorney said that he can, he can. What a jerk though!! Well take comfort in the fact that his credit is screwed for the next 7 to 10 years.
    feesharose

    Answer by feesharose at 9:23 PM on Nov. 18, 2008

  • I have no idea, but if your counting on that money for christmas I would make other plans. He is obviously broke, hence the bankruptcy. If he don't have the money, he don't have the money. You can't squeeze blood from a turnip.
    Anonymous

    Answer by Anonymous at 11:53 PM on Nov. 18, 2008

  • Actually, sometimes things in a divorce ARE bankruptable. You seriously need to consult an attorney. If it was child support, he couldn't bankrupt out of that. Alimony or property disbursement is also much harder to bankrupt out of. However, reimbursement of expenses? Yeah, he probably can unless the decree states that he CANNOT bankrupt out of it. It doesn't mean you can't fight it, but you are probably not going to get the money for christmas.
    MANY women are left in the lurch this way. I had a bankruptcy attorney handle my divorce out of my fear of being screwed.
    KnoxvilleDoula

    Answer by KnoxvilleDoula at 12:59 AM on Nov. 19, 2008

  • http://bankruptcy.lawyers.com/Bankruptcy-After-Divorce.html

    I found this link for you.
    KnoxvilleDoula

    Answer by KnoxvilleDoula at 1:02 AM on Nov. 19, 2008

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