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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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In you opinion, based on the above information regarding my

Resolved Question:

In you opinion, based on the above information regarding my ex-husband's assets vs. debts, what are my chances of getting what is owed to me (approximately $14K) and having his debt to me NOT BE DISCHARGED?

Mela
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

cfortunato :

Hi JACustomer,

Customer:

Good Morning

Customer:

Do you need additional information?

cfortunato :

I have to look over the above again, and will get back to you shortly.

cfortunato :

You said your ex-husband filed his Bankruptcy shortly after becoming employed fulltime.

cfortunato :

Does this mean his income increased substantially shortly before the Bankruptcy was filed?

Customer:

No, he has always had a job. Although I do not know if he is still employed which may have prompted the filing of Chapter 7.

cfortunato :

If all the information on his Bankruptcy petition is correct, I don't see any chance to avoid having that debt discharged.

cfortunato :

That is, there is no way to avoid having your ex-husband

cfortunato :

your ex-husband's liability for that debt discharged.

cfortunato :

Bankruptcy has the capacity to be very unfair.

cfortunato :

Now, the only way for you to avoid liability for that debt is for you to also file a Bankruptcy.

Customer:

Thank you, XXXXX XXXXX afraid of that. My next question is: What happens to the Abstract Judgment that I had filed in December 2011 prior to his filing for Chapter &? I was told it stands for 10 years. Can you clarify?

Customer:

Oops I mean Chapter 7.

cfortunato :

Is there any additional information you need?

Customer:

I believe the above is all at this point. Thanks

cfortunato :

You're welcome!

Customer:

Did you see my last question regarding the Abstract Judgment?

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 2 years ago.
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Expert:  cfortunato replied 2 years ago.

Was it one of the 2 questions above the information you found when downloading the case?

Customer: replied 2 years ago.
My question is:

What happens to the Abstract Judgment that was approved and filed in his county of residence (Dec. 2011)? Doesn't this put a lien on his properties?
Expert:  cfortunato replied 2 years ago.

I

Expert:  cfortunato replied 2 years ago.

If the abstract of judgment placed a lien on his property, then the lien will remain unless your ex-husband also filed a 522(f) lien avoidance motion with the Bankruptcy court.

Did you see papers for a 522(f) lien avoidance motion in the Bankruptcy papers?

Customer: replied 2 years ago.
I only received the Bankruptcy notices. I had downloaed the docket information. I will do a search on the case to see if a 522(f) was filed.
Expert:  cfortunato replied 2 years ago.
Okay!
Customer: replied 2 years ago.
I located this verbage from document filed:

Form B8 - Chapter 7 Individual Debtor's Statement of Intention regarding Property 1 (his personal residence)

Property will be: Retained

If retaining proporty: I intent to: XXXXX XXXXX will retain & continue to make contractual payments (for example avoid lien using 11 U.S.C. 522(f)

Property is: Claimed as Exempt

Does this mean the lien will not be effective?
Expert:  cfortunato replied 2 years ago.
No - that document does not address a lien. The contractual payments referred to are mortgage payments.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

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