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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3475
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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my ex is filing chapter 7, we are both on the mortgage for

Customer Question

my ex is filing chapter 7, we are both on the mortgage for a home in Florida that is in forclosure. He also pays me alimony. How can his filing effect me? I've read that alimony can not be discharged. Is that true? Also, can he get discharged from the mortgage and leave me to foot the bill? He has been living in the home since our divorce. We both are still responsible for the home.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 5 years ago.

Under most circumstances a Florida alimony award would not be dischargeable in Chapter 7 bankruptcy proceedings. There are some narrow exceptions. Discharge under "Chapter 7" is governed by Title 11 of the United States Code, Subchapter II, Section 727 (abbreviated at 11 USC 727).

The first exception is at 11 USC 523(a)(5)(A), ... , if the alimony
has been assigned to somebody other than the spouse designated by the
family court to receive the alimony, except as outlined in that
paragraph, it is dischargeable.

The second exception is at 11 USC 523(a)(5)(B), ... if the
bankruptcy court finds that the parties chose to mischaracterize part
of the divorce settlement as "alimony", the debt might be dischargeable.

 

On the mortgage, if there is a deficiency judgment, both of you may be jointly liable on it. However, if one of you files BK, the other one is still responsible for the full amount of the deficiency, unless he/she also files BK. Please click "ACCEPT" so I can get credit for my work. If needed, we can continue our conversation after this at no additional charge.

Customer: replied 5 years ago.

Will filing an adversary action protect me. Can this be handled without an attorney. I depend on my alimony payment to live and am currently paying my divorce lawyer for his services. Approximently, how many billable hours would it typically take a bankruptcy lawyer to represent me if the case be needed.

Expert:  Maverick replied 5 years ago.

Unless he falls in one of the two exceptions, the alimony is not going to get discharged so he will have to pay you and thus you do not need to file an adversary proceeding. Just file a proof of claim as a creditor. Here is the proof of claim form:

 

http://www.uscourts.gov/bankform/formb10new.pdf

 

You should be able to file this without a lawyer.

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3475
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
Maverick and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

Will filing an advesary action, stop the court from granting him CH7 relief (discharge)from the mortgage, property tax and homeowner insurance

Expert:  Maverick replied 5 years ago.
<p>Please read the information at the link below:</p><p> </p><p><a href="http://www.lawdog.com/bkrcy/bkcp11e.htm">http://www.lawdog.com/bkrcy/bkcp11e.htm</a></p><p> </p><p>You can file an adversary proceeding under BK rule 4007 to have the court determine if any debts that you do not want to have discharged can be denied under law.</p>

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Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer