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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12039
Experience:  JD, MBA
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I was awarded approximately $50,000 in backCustomer

Customer Question

I was awarded approximately $50,000 in backCustomerthrough my ex-husband's retirement. However, he placed the debt in bankruptcy and only paid a portion to the bankruptcy court, who send me payments as they were allowed according to the bankruptcy law. The bankruptcy ends this month, but the judge ordered him to pay the back payments, plus continuous monthly payments. He has not paid any of the ongoing payments, and I need to know if what he owes me in back continuous payments plus future payments are dischargeable and I have no other recourse.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “I need to know if what he owes me in back continuous payments plus future payments are dischargeable”

Answer: Your ex’s obligations to you are nondischargeable in bankruptcy. Specifically, Section 523 of the Bankruptcy Code provides a list of exceptions to discharge (i.e. those debts that are nondischargeable), and it states in relevant part:

§ 523. Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt

(5) for a domestic support obligation;

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;

Therefore, your ex will continue to owe the back payments and future payments even after the bankruptcy.

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