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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12955
Experience:  B.A.; M.B.A.; J.D.
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Before we divorced 8 years ago, my husband and I refinanced

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Before we divorced 8 years ago, my husband and I refinanced our home, received 30,000 cash to pay off my husbands credit cards and $30,000 cash that went toward building him a home. This increased our morgage from $500 to $1200 per month. When his home was complete he moved out of our house with the understanding and written into the divorce decree, that he would pay me $900 per month until our 3 year old son turned 19. He insisted he was not going to pay child support and that we would have joint custody. We both agreed to this in our divorce.
A year after our divorce he remarried, had three kids, sold his home and received $80,000, which he put toward a 1/2 million dollars business. Three years into his business the economy fell and he was struggled to pay his bills.
Whe he stopped paying me, after 4 months of struggling to pay my $1200 morgage, I hired an attorney and he went through the roof.
He falsely accused me of threating him with bodily harm, got a restraning order out on me, told the school and DHR I was a druggy, (if that's a word), kidnapped my son and told him it would be six months before he could see me and that I needed help. He did all this in two days.
TheXXXXXbattle finally proved my innocense. He agreed I had never threatened him with bodily harm, I passed a hair folical test, and won at the end with DHR as my witness.
He was ordered to pay me backpay, my attorneys fees, and to continue with his $900 a month obligation.
This was 5 months ago and he has yet to pay me or even acknowledge the fact that he was proven wrong in court.

I received a letter today from his attorney he was filing chapter 13 bankruptcy.
Do you believe his dept to me can be wiped out?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Before we divorced 8 years ago, my husband and I refinanced our home, received 30,000 cash to pay off my husbands credit cards and $30,000 cash that went toward building him a home. This increased our morgage from $500 to $1200 per month. When his home was complete he moved out of our house with the understanding and written into the divorce decree, that he would pay me $900 per month until our 3 year old son turned 19. He insisted he was not going to pay child support and that we would have joint custody. We both agreed to this in our divorce. A year after our divorce he remarried, had three kids, sold his home and received $80,000, which he put toward a 1/2 million dollars business. Three years into his business the economy fell and he was struggled to pay his bills. Whe he stopped paying me, after 4 months of struggling to pay my $1200 morgage, I hired an attorney and he went through the roof. He falsely accused me of threating him with bodily harm, got a restraning order out on me, told the school and DHR I was a druggy, (if that's a word), kidnapped my son and told him it would be six months before he could see me and that I needed help. He did all this in two days. TheXXXXXbattle finally proved my innocense. He agreed I had never threatened him with bodily harm, I passed a hair folical test, and won at the end with DHR as my witness. He was ordered to pay me backpay, my attorneys fees, and to continue with his $900 a month obligation. This was 5 months ago and he has yet to pay me or even acknowledge the fact that he was proven wrong in court. I received a letter today from his attorney he was filing chapter 13 bankruptcy. Do you believe his dept to me can be wiped out?

 

Response: No, his debt to you pursuant to the divorce decree would not be wiped out in his Chapter 13 bankruptcy. This debt as you described would be considered a Domestic Support Obligation, which would not be dischargeable in his Chapter 13 case. See 11 U.S.C. Section 523(a)(5); 523(a)(15), and Section 101(14A).

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12955
Experience: B.A.; M.B.A.; J.D.
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