Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*
The money owed to you is nondischargeable in the bankruptcy. This means that he will continue to owe the money after the bankruptcy has been dischargedHere is why.Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations in Chapter 7 bankruptcy. However money to be paid as part of Marital Property Settlement Agreement would be dischargeable in a Chapter 13 bankruptcy. Money in the form of spousal support is considered a Domestic Support Obligation and thus it is not dischargeable in a Chapter 7 or Chapter 13 bankruptcy. You can read the Code here:http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html
Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
He has filed chapter 13.I was not married to him.
Thank you for the opportunity to clarify. The money that is owed to you for medical bills for your child is not dischargeable in a Chapter 13. Regardless of the fact that he is filing a chapter 13 he will need to still pay the money
What do I do to repond to Chapter 13 Trustee letter sent to me .Do I make him aware of this money owed.What paper work do I file.Or is an email to his office is adequate
You will need to file a proof of claim in the bankruptcy case. Here is the form:http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Official_2010/B_010_0410.pdfI hope that it helps to know this informationThank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers.
JustAnswer requires new questions to be posted on new question pages, but you can request me by starting your question with "FOR WEBLAW" and/or typing your question in my question box, which can be found here: http://www.justanswer.com/profile.aspx?PF=9968427&FID=39
Thankyou for your help.It has been very helpful.One last question.How long before I need to do this.He has filed on July15 2011.I have received this letter from the Trustee addressed Aug.24 and only received it this week.
The letter should state a cutoff date. However you should file as soon as possible regardless
It has been my pleasure to work with youThank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers.. If I can be of assistance in the future, begin your question with: "FOR WEBLAW"
Thankyou for your help.I really appreciate it.