How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36505
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

Help regrading a Bankruptcy issue that my husbands ex-wife

Customer Question

Help regrading a Bankruptcy issue that my husbands ex-wife filed on us.

Meeting of the Creditors and US Trustee’s: July 12, 2010 at 1:30 p.m. Located onXXXXXBakersfield, CA.

Creditors: Joseph G. Williams and Graciela Williams

RE: Case Number: 10-16017-A-7 Laura XXXXX XXXXX

Question I am prepared to ask Ms. Williams at this meeting.

Question: Ms. Williams do you currently have a court order Spousal Support payment of $2,500.00 a month until July 5th, 2010?

Question: Ms. Williams have you collect income from Joseph G. Williams in the amount of $271,650.65 from 2006-2010 an average of $5,030.00 a month over 52 months and still continue to collect income from him?

Question: Ms. Williams did you filed bankruptcy on a Civil Case: S-1500-CL-240618 that is in connection to a Family Law Case S-1501-FL-599317?

Question: Ms. Williams were you aware that Code 523 (15) Exception to discharge reads:
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; and that our Civil Case is in connection to a divorce decree Case No: S-1501-FL-599317 where a former spouse wins a Civil Case against an ex-spouse, but can't do anything with it because Family Law over rules a Civil. So we then had to file an ORDER TO SHOW CAUSE In Superior Court of California County of Kern Family Law Division where on April 20, 2010 Judge Susan M. Gill of the Superior Court of California County of Kern Family Law Division ruled:

THE ANALYSIS OF THE CAULEY COURT IN WEIGHING THE COMPETING PUBLIC POLICIES IS INSTRUCTIVE IN THIS CASE, WHERE A CIVIL COURT HAS RENDERED A JUDGMENT AGAINST RESPONDENT LAURA XXXXX XXXXX FOR DAMAGES FOR PETITIONER'S LOST WAGES AND GENERAL DAMAGES AS A RESULT OF RESPONDENT'S VIOLATION OF AN INJUNCTION. THEREFORE, IT IS ORDERED: PETITIONER'S JOSEPH G.Williams REQUEST TO OFFSET HIS JUDGMENT FOR DAMAGES AGAINST RESPONDENT IS GRANTED AS FOLLOWS: A. PETITIONER SHALL BE ALLOWED TO OFFSET HIS FUTURE SPOUSAL SUPPORT PAYMENTS AGAINST THE DAMAGES OWED BY RESPONDENT LAURA XXXXX XXXXX TO PETITIONER JOSEPH G. WILLIAMS UNTIL THE CIVIL JUDGMENT IS SATISFIED IN FULL AS TO PETITIONER. B. PETITIONER SHALL NOT BE ALLOWED TO OFFSET HIS FUTURE SPOUSAL SUPPORT PAYMENTS AGAINST THE DAMAGES OWED BY RESPONDENT TO GRACIELA WILLIAMS. THIS RULING IS WITHOUT PREJUDICE TO GRACIELA WILLIAMS' RIGHT TO ENFORCE THE JUDGMENT SHE HAS OBTAINED AGAINST RESPONDENT?

Question: Ms. Williams do you understand that the Civil Case was for Violation of an Injunction of a DV-130 Restraining Order for Domestic Violence and for Harassment, loss wages, willful and malicious acts is except under Code 523(a)(6) For willful and malicious injury by the debtor to another entity or to the property of ?

Question: Ms. Williams who is Thomas & Tamara Lackner?

She will have to say my sister and brother in-law.

Question: Ms. Williams did you list them as a creditor?
She will have to say yes.

Question: Ms. Williams isn’t true that Thomas & Tamara Lackner continue to help you financial in the sum of $3,000.00 a month, but yet you listed them as a creditor for $90,000.00?

Question: Ms. Williams have you moved from your address located on 7917 Tule Creek Ct, Bakersfield, CA 93313 that is listed on your Bankruptcy documents?

Question: Ms. Williams what is your new address?

Question: Ms. Williams isn’t true that your only reason for filing Bankruptcy was to avoid having your Spousal Support payments off-set by Joseph G. Williams in his Family Law case?

Question: Ms. Williams were you aware that Code 523 (19) (I) reads:
Any judgment, order, consent order, or decree entered in any Federal or State US Courts or administrative proceeding; is also an exception to discharge?

Question: Ms. Williams would you agree that our Civil and Family Law case is part of a State US Court system and is a judgment and part of a decree?

I have no more questions-Thanks
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 4 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

At a 341 hearing you only have a short period of time to ask questions. You will want to confine your questions to discrepancies on the petition. For example "Ms. Williams have you moved from your address located on 7917 Tule Creek Ct, Bakersfield, CA 93313 that is listed on your Bankruptcy documents? Question: Ms. Williams what is your new address?" but not " Ms. Williams were you aware that Code 523 (19) (I) reads: Any judgment, order, consent order, or decree entered in any Federal or State US Courts or administrative proceeding; is also an exception to discharge? Question: Ms. Williams would you agree that our Civil and Family Law case is part of a State US Court system and is a judgment and part of a decree?"
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36505
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
what do you do if you are a creditor under and fall under 523(6) 523(15) 523 (19) Exceptions to discharge?
Expert:  FiveStarLaw replied 4 years ago.
The creditor would want to file an adversary proceeding in the bankruptcy objecting to the discharge of the debt on the aforementioned grounds.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.