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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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How does one, no representation, file a motion with a bankruptcy

Customer Question

How does one, no representation, file a motion with a bankruptcy court to appeal an improper ruling about discharging an award of attorney fees (requirement to pay spouses fees in a restraining order) or file a motion in family court to compel and prove the fees were not discharged in bankruptcy?
I have obtained a copy of the bankruptcy final order and want to proceed with this, just do not know where to start or how to do it.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Is this an appeal of a 4007 Determination of Dischargeability of a Debt motion?

Customer:



Yes, as far as I know it it. I obtained the ex husband's bankruptcy information and his claim that the fees owed to his wife for spouse and child support were discharged by bankruptcy and are no longer owed areincorrect.
I want to file this letter with Lane County court to collect unpaid monies.
Would appreciate your opinion.

Notice of intent to file motion with Lane County Court to collect unpaid monies plus interestowed by Alexander Vincent to Amy Vincent by Court Order 19-09-01789.

The award was in the nature of support and is exempted from discharge by bankruptcy.

Alexander Vincent named Amy Vincent’s previous attorney as a creditor in his bankruptcy inerror because the court awarded fees were to Amy Vincent as reimbursement for feesalready paid. No monies are due the former attorney and Amy Vincent was not named as acreditor in Alexander Vincent’s bankruptcy.

Alexander Vincent also did not pay any of the court mandated child and spouse support priorto his bankruptcy and all of those payments are also considered not discharged by thebankruptcy.



Customer:



Yes, as far as I know it it. I obtained the ex husband's bankruptcy information and his claim that the fees owed to his wife for spouse and child support were discharged by bankruptcy and are no longer owed are incorrect.
I want to file this letter with Lane County court or bankruptcy court to collect unpaid monies.

Notice of intent to file motion with Lane County Court to collect unpaid monies plus interestowed by Alexander Vincent to Amy Vincent by Court Order 19-09-01789.

The award was in the nature of support and is exempted from discharge by bankruptcy.

Alexander Vincent named Amy Vincent’s previous attorney as a creditor in his bankruptcy in error because the court awarded fees were to Amy Vincent as reimbursement for fees already paid. No monies are due the former attorney and Amy Vincent was not named as a creditor in Alexander Vincent’s bankruptcy.

Alexander Vincent also did not pay any of the court mandated child and spouse support prior to his bankruptcy and all of those payments are also considered not discharged by the bankruptcy.


cfortunato and other Bankruptcy Law Specialists are ready to help you
Expert:  cfortunato replied 4 years ago.

The fact that the ex-husband is claiming the child and spousal support were discharged does not mean they were discharged. The presumption is that these are not dischargable, and remains nondischargable, unless the debtor files a 4007 debt dischargability motion with the Bankruptcy court while the Bankruptcy is in progress.

Since this is money owed to his ex-spouse, she would have received notice of that motion, and you would see evidence of the motion in the Bankruptcy papers.

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