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Hi, I'd like to assist you with your bankruptcy questions today.
Is the ex-husband still living in Texas or somewhere else in the U.S.?
And do you know more specifically what the "cost of the last courtcase in Texas" were assessed for (i.e. court costs, attorney's fees, alimony, child support,etc.)?
Also, do you know where the ex-husband filed his bankruptcy case (i.e. in Texas or another state)?
The dischargeability of this type of debt will depend on how it is classified. Alimony and child support will NOT be dischargeable in bankruptcy. Other types of debts might be dischargeable, depending on how they're classified.
Courtcase was in Texas. Ex husband lives in New Yersey.
Can you specify what you mean by "pay for the cost of the last courtcase"?
What type of costs was he required to pay?
Total cost are 88.000 dollar. This was the cost of the courtcase for my daughter and it was ordered by the court that the ex-husband has to pay. Filing his bankruptcy, I am not sure but I geus New Yersey.
So he was ordered to pay your daughter $88,000.00? Do you know whether this was a domestic support obligation or divorce settlement?>
Such a debt would be automatically non-dischargeable. This means that they cannot be wiped out in a Chapter 7 bankruptcy (the most common type) and must be fully paid in a Chapter 13 bankruptcy.
So even if the ex-husband filed for bankruptcy, it is very likely that he still owes your daughter all of this debt.
Your daughter should STRONGLY consider hiring a bankruptcy attorney in New Jersey to intervene in the bankruptcy case on her behalf.
Although these debts are not dischargeable, the bankruptcy trustee in the ex-husband's bankruptcy may not have been informed of the Texas court order.
The case handled about the parentship of the two kids. My daughter asked the court if she could take the two children to Holland. It was a very expensive jury trial. Also she asked for a change in the thing that she is in fully control of her kids. Her demands were fulfilled.
The Texas court order would be fully valid and enforceable in New Jersey.
Were these costs awarded as attorney's fees or alimony/child support/domestic support, if you know?
Regardless, your daughter should STRONGLY consider hiring a New Jersey bankruptcy attorney to represent her interests in this bankruptcy.
Please let me know if you have any additional questions. Thank you.
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