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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I received my ex husbands Chapter 13 papers today....not sure

Resolved Question:

I received my ex husbands Chapter 13 papers today....not sure how to interpret them? I receive a portion of his military retirement and didnt think bankruptcy affected that? A proof of claim was sent to me in this paperwork...do i need to contact DFAS regarding this?

Also, what does this line mean "Nothing herein is intended to lift any applicable co-debtor stay, or to abrogate debtor's state law contract rights."

Thank you!
Tammmy
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

In a chapter 13 bankruptcy case, your ex will not be able to discharge the military portion entitled to you.

WALLSTREETESQ :

A chapter 13 is a payment plan bankruptcy so he would have to pay all his debt at a certain percentage.

WALLSTREETESQ :

Nothing herein is intended to lift any applicable co-debtor stay, or to abrogate debtor's state law contract rights.

WALLSTREETESQ :

This is a standard clause used in chapter 13 plans and Court papers, it is meant to advise creditors and debtors that "nothing in the provided forms, will stop the automatic stay that a co debtor would have, and will not take the place of any contracts the co debtor may have.

WALLSTREETESQ :

It really has no affect on you, since you are not a co debtor.

WALLSTREETESQ :

You should still speak to DFAS and have them review the bankruptcy papers sent to you if possible to make sure he is not trying to discharge any of your Court ordered rights.

Customer :

I am a co debtor on the items that he is surrendering....i am under the impression that our divorce decree releases me from any liability?

WALLSTREETESQ :

If you are a co debtor, you will still be liable pursuant to you being a signor on the debts, however your ex would have to discharge the debts so they do not come after you and if they do try to sue you for any of the debts, you have to enforce your divorce decree in the family court.

WALLSTREETESQ :

You should also consider attending the 341 hearing and object to your ex husband discharging the joint debts as it violates your divorce decree, especially since he liability is removed and yours will still remain.

Customer :

can i file a contempt motion for him not holding up his end of the decree?

WALLSTREETESQ :

You should do this in the Family Court, if he is not paying your debts. A chapter 13 is a payment plan bankruptcy, so he may have agreed to pay them in full.

Customer :

there is a proof of claim form with my name on it that was included in the papers......Naming me as a creditor? is that because of the portion of his retirement i receive? and do i need to do anything with it?

WALLSTREETESQ :

If you received a proof of claim, that is used to describe the reason a debtor owes the creditor money.

WALLSTREETESQ :

What you should do is submit a copy of the divorce decree with your proof of claim, and mention specifically any debts that he is including in which you are a co debtor.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask, if not please press the accept button so we can receive credit.

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