How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cortrightlaw Your Own Question

cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
Type Your Bankruptcy Law Question Here...
cortrightlaw is online now
A new question is answered every 9 seconds

Well received a notice today that my ex is wanting to convert

Resolved Question:

Well received a notice today that my ex is wanting to convert to a chapter 7 bankruptcy. I dont have the letter in front of me but says that if I contest this request to let I think his attorney, know. If they disagree then for me to show up at the meeting on 3/26. What should I do?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : You saw that one coming, I am out right now give me about an hour and I will respond to your question if that is okay.
Customer:

Thank you so much. I will wait

cortrightlaw :

Thanks for your patience, what will happen is that there will be another 341a meeting held but the chapter 7 trustee, the chapter 7 trustee will see if he qualifies and if so it will proceed towards a discharge of all of his unsecured debts. You really have no grounds to object to the conversion, unless you believe that he has not been honest in disclosing his income or assets.

cortrightlaw :

In a chapter 7 the debt he owes you will be most likely eliminated and discharged, you might want to check with a family law attorney to see if you have any recourse in the family law court, but my understanding is that you do not.

cortrightlaw :

Unfortunately or fortunately depending on which side you are on this happens frequently in divorce cases.

Customer:

I have read that certain property settlement agreements can not be discharged. The notice said there will be a meeting on 3/26, the date that was set for his confirmation. So there will be another Trustee asigned? What about all the documentation. Will a new trustee see all the documentation? And will I have to file a new claim.

cortrightlaw : As far as I know the only thing that can not be discharged is past due spousal or child support. The new trustee should te the file, and as to filing a claim you can file a new claim but it might not matter since it is a chapter 7 there will Not be any distribution of assets.
Customer:

So I should just show up and state my case to the new trustee and see what happens.

cortrightlaw : It couldn't hurt, that way you can make sure they are at least aware of your concerns.
Customer:

Thank You

cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 2 other Bankruptcy Law Specialists are ready to help you
Expert:  cortrightlaw replied 2 years ago.
I found some more information for you, looks like you might be able to file an adversary proceeding for non dischareability. It would be alot of work and probably not worth the effort but I just wanted to give you the information I came across.

To be clear, there is no question that a bankruptcy, which is a function of Federal law and not of state law as divorce decrees are, will discharge either divorcing spouse from an obligation to pay the creditor. That creditor, after the bankruptcy discharge, is barred by the Federal bankruptcy discharge injunction from pursuing a collection of the debt or from failing to report it to the credit bureaus as discharged in bankruptcy. However, if the divorce decree obligates the bankrupt spouse to some or all of a joint debt shared with his or her ex-spouse, a failure to continue to pay that debt may incur a liability for breach of the divorce decree to the ex-spouse.

In other words, the ex-spouse is a creditor of sorts for that same debt.

It is possible to list the ex-spouse as a creditor in the bankruptcy petition in order to discharge that level of the obligation along with the bank or credit union holding that actual note or contract, but the discharge of that obligation may be non-dischargeable under the Bankruptcy Code. The Code, in Section 523(a)(15), states that an obligation of this sort to a spouse, former spouse, or child that arises from a court order or divorce decree is not dischargeable.

However, for this debt to be found to be non-dischargeable, the former spouse must file what is called an adversary proceeding in the bankruptcy court seeking to have the court declare the debt to be non-dischargeable. This adversary proceeding is a civil lawsuit within the Bankruptcy Court, and the former spouse filing the suit bears the burden of proving that his or her harm in having the debt discharged is greater than the bankrupt spouse’s harm in continuing to pay it.

More interesting is the fact that Section 523 applies only to Chapter 7 bankruptcies and not to Chapter 13 bankruptcies. Thus, a marital debt obligation arising from a “hold-harmless” clause or other obligation arising from a marital divorce decree or separation agreement that is not dischargeable in Chapter 7 may be discharged if the obliged spouse files Chapter 13.

Customer: replied 2 years ago.
Is this something that I can do or will it take hiring an attorney?
Expert:  cortrightlaw replied 2 years ago.
You would need to hire an attorney, thats why I am concerned that it would cost more then you would recover.
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I wanted you to know that my ex plan was confirmed over the weekend. I waited until the judge was finish and he ask if there was anyone not called .i said me. He said that ex case was confirmed over the weekend. An amendment was filed which added me as a pay in the plan claim. 100 percent. This took care of my objection. So they confirmed it over the weekend. It was quite of a surprise. But at lest I have as much protection as I could get to have ex pay me what he owes. Much slower than I would like but maybe get the full amount. I never received a copy of the amended plan.
Expert:  cortrightlaw replied 2 years ago.
Yes you are in the best position you can be in with him in bk, at least you will get paid back even if it is a little slow. Sorry for the slow response but I'm on vacation this week.
Customer: replied 2 years ago.

Sorry I contacted you while you are vacation. I wanted to let know what happen.

Have a great vacation.

 

Expert:  cortrightlaw replied 2 years ago.
No problem, I am glad you got through this feel free to request me if something changes.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.