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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2884
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My ex-wife filed for bankruptcy and I have been named a creditor

Customer Question

My ex-wife filed for bankruptcy and I have been named a creditor in her bankruptcy case because the divorce decree settlement states she is to pay me $24,500 by the time our youngest child turns 18. How do I make sure she does not get out of paying me this or will this debt automatically be dismiss once the bankruptcy is approved?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
If this is for child support, it is not dischargeable. They are required to list all domestic support recipients in the case. If they were behind in payments, and there were assets being liquidated, then you would get the first cut under the bankruptcy code. If she is in a chapter 13, you should file a proof of claim with the court to get any arrears owed to you. Show the info to your divorce attorney, they will review the matter and let you know if you need to do anything further. Thanks. Good luck.