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Roger
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Category: Bankruptcy Law
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I am currently in Chapter 13 bankruptcy with a payment each

Customer Question

I am currently in Chapter 13 bankruptcy with a payment each month of $1400. I am current on the payments to the trustee but my ex husband has not paid his portion since March 2011. I have contacted the trustee but they said as long as the payments are made they don't care how it is paid. I would like to find out what type of attorney to hire to sue him for past payments (he owes $7700) which I believe is to large for small claims and to garnish his wage for futue payments.
Thank you
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

Hi - my name is Kirk and I'm a Bankruptcy litigation attorney here to assist you.

 

Does the confirmation plan specifically state that each of you is to pay a certain amount each month?

Customer: replied 2 years ago.
No, unfortunately. I spoke to the trustee and as long as the payment is made they don't care who pays it. They said he would voluntarily have to agree to have his wages garnished for them to take any action and that is not going to happen.
Expert:  Roger replied 2 years ago.

Ok. If your divorce decree doesn't say who pays what amount of the chapter 13 payments, you would have to hire a new bankruptcy attorney to represent you individually and file a motion to bifurcate/split your case and establish a new plan for yourself. Your other spouse would have to do the same thing.

 

If the divorce decree states who is to pay what, you can file a motion for contempt in the divorce case to get him to pay.

 

If the divorce decree doesn't state who pays what, and your bankruptcy plan doesn't state this either, unfortunately, you can't force him to repay you for any money you've paid thus far. You have volunteered the payments and there is no legal obligation via a court order that would make him liable to you for the amounts paid.

 

You would either need a divorce attorney or a bankruptcy attorney based on the particular facts of your case.

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