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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34092
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Can a Associate circuit judge give money to a creditor after

Resolved Question:

Can a Associate circuit judge give money to a creditor after debtor has had the debt discharged in a fedral bankruptcy court?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.
Hi JACustomer,
1) What was this judgment for?
2) What town is the circuit court in?


Edited by Christina Fortunato, Esq. on 6/6/2010 at 1:53 AM EST
Customer: replied 4 years ago.

lawyer fees, settlement to ex , more fees to opposing lawyer added on 5 months after appeal was filed. I had to put up a 50,000 cash bond during appeal to stay out of jail and when appeal did not overturn original decision the original judge gave the money to ex's lawyer and her instead of back child support. When stated the debt all but the child support had been discharged..judge and her lawyer stated they knew nothing about bankruptcy and threw me back in jail. After my bankruptcy lawyer sent the letters out when my family came up with a payment plan judge stated he had not been advised by federal court or anyone about bankruptcy being discharged and even stated I may still owe lawyer fees to her lawyer. This was in Howell county in Missouri where they make their own law. I am forced to pay $1000 a month for current support and money on judgment. I fought this because she had refused to allow me to see my children and even quoted the law of abatement in the Mo state statutes and judge just laughed at me.

Expert:  cfortunato replied 4 years ago.
Domestic support obligations are not dischargeable in a bankruptcy, even if that debt was listed in the petition.
Customer: replied 4 years ago.
there were no domestic support obligations except for child support and I am fully aware of that. My bankruptcy lawyer stated what I filed on was dischargable and the fedral bankruptcy court discharged the debt of 21,000 to ex and the debt of 25,000 to her lawyer in writing. You did not answer the original question of how or can a circuit judge give the money to them after federal court has discharged them?!
Expert:  cfortunato replied 4 years ago.
I will opt out so that someone else can help you further.
Customer: replied 4 years ago.
that is fine..I just want to know how a federal bankruptcy discharge can be denied by a circuit judge just because he said he didn't know about the bankruptcy and after he is sent a letter confirming it from lawyer he chooses to ignore it.
Expert:  socrateaser replied 4 years ago.

In answer to your question:

 

Under 11 USCA § 523(a) (15), the Bankruptcy Code also makes absolutely nondischargeable a debt to a spouse, former spouse or child that is not a "domestic support obligation" and 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 court order, or a determination made by a governmental unit in accordance with state or territorial law.

However, Section 523(a)(15) expressly limits the discharge exception to nonsupport debts owed to a spouse, former spouse or child. Third party creditors (as where a marriage dissolution attorney fee award is made payable directly to the attorney) cannot invoke the § 523(a)(15) nondischargeability shield.

 

There are two separate issues here:

 

If the bankruptcy court specifically discharged the two debts that you described, then that would be dispositive, all of the appeals in state family court would be voidable, and you could literally file a motion in federal bankruptcy court to set aside the appellate court decisions, and possibly even sue the judges who made those decisions for a violation of your civil rights for an unlawful incarceration under 42 U.S.C. § 1983.

 

If the bankruptcy court did not specifically discharge the two debts, then you could still ask the bankruptcy court to void the state court orders and ask the court to specifically rule on the dischargeability of the debts.

 

Hope this helps.

 

 

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34092
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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