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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My ex-wife took me to adversary proceedings in Chap XIII. I

Customer Question

My ex-wife took me to adversary proceedings in Chap XIII. I converted to a Chap 7. I had decided on a full liquidation; however, we finally agreed to a settlement agreement. The Chapter 7 was discharged and I have made my payments as agreed to so far. I need to know if I need to file anything with the BK Court or if I need to obtain anything from her once I fulfill my obligation and satisfy the terms of the settlement agreement.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.
Hi JACustomer,
1) Did your divorce decree direct that you should make payments to your ex-wife?
2) If yes, did your settlement agreement change the terms of the divorce decree?
3) If yes, did you file your agreement with the court that initially issued the decree?
Customer: replied 2 years ago.
I filed during the time that I was able to wipe away the Family Court property settlement agreement. I was not required to make payments to my former spouse. The final judgement indicated simply that an equilizing total sum was owed. I was making small payments to her as this was all I afford. When she decided that she was going to file with family Court to try to obtain a writ of execution, I filed Chapter XIII and notified Family Court. During the BK procedures, she filed a adversary procedure. We went to trial. The Judge accepted that her adversary complaint was valid; however, when we changed the filing to liquidate all assets, and were ready to do so. Whe the new trustee explained their was nothing to liquidate, and she saw she would not get anything, she decided to to do a Chapter 7 settlement. I am almost done paying this and need to know what else I have to do to bring this to a conclusion.
Expert:  cfortunato replied 2 years ago.

Was the Chapter 7 settlement filed with the Bankruptcy court?

 

Customer: replied 2 years ago.
Yes it was.
Expert:  cfortunato replied 2 years ago.

Once you pay the settlement agreement in full, if there was also a judgment issued from Bankruptcy court, you should file a "Satisfaction of Judgment" with the clerk at the Bankruptcy court.

If there was no judgment issued by the Bankruptcy court, you should instead file a "Satisfaction of Settlement Agreement" with the clerk at the Bankrutpcy court.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

Customer: replied 2 years ago.


Thank you all of my research indicates the same thing except that I cannot find these forms anywhere. Is their a generic form that I can use for the USBC-SDC?
Expert:  cfortunato replied 2 years ago.

Here is a generic Satisfaction of Judgment, which you can alter as needed. If there was no judgment, you would want to change the word "Judgment" to "Settlement Agreement" everywhere the word "Judgment" appears.

http://static.nolo.com/rx/images/pdf/nolo-NSCC-freebooksection.pdf#nameddest=satisfactionjudgment.

 

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.

Thank you for accepting my answer, and thank you for the bonus!

I wanted to add that the form should be notarized.

Customer: replied 2 years ago.
Thank you so much you have been very helpful.
Expert:  cfortunato replied 2 years ago.
You're welcome!

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