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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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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: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 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?"
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 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:  Ellen replied 6 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.

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