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Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience:  10 years Exp., Great customer service, Prompt responses.
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Ex husband retired from Army, 17 year marriage ended in divorce

Resolved Question:

Ex husband retired from Army, 17 year marriage ended in divorce 1999. I recieved 40% of his retirement which he stopped when he filed for bankruptcy in Oct 2005 and was granted bankruptcy discharging the portion I was to get of his retirement. Do I have any recourse so long after this and if so what?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Paul K, Esq. replied 1 year ago.

Paul K, Esq. :

Hello, my name is XXXXX XXXXX I would love to assist you. Give me a moment to research your issue and I will answer promptly.

Paul K, Esq. :

Alimony, maintenance and support from a divorce are not dischargeable in a bankruptcy case.

Paul K, Esq. :

So if you have a divorce attorney you may want to contact them to make sure they get it started back up.

Paul K, Esq. :

Many debts are discharged, but this one will not be.

Customer:

Is there a time limit on this? He filed that Oct 2005 due to law changes going into effect that month. I did recieve a letter saying it was discharged. I know I can alway contact a lawyer, but if the chances of winning are slim it is not worth it. Why would it have been discharged if it was not correct legally to do? In my letter I provided copy of divorce decree. Can a bankruptcy court rule to discharge something that should not be discharged?

Paul K, Esq. :

No it cannot be discharged.

Paul K, Esq. :

And you do not have to have objected to it.

Paul K, Esq. :

Luckily for you, these types of debts are all nondischargeable no matter what.

Paul K, Esq. :

So a Court cant change it and either can he.

Paul K, Esq. :

So....good news for you!

Paul K, Esq. :

Child Support, Alimony, Spousal Maintenance & Domestic Support Obligations.


Each of these obligations arises by the order of a state court awarding money or requiring payment–typically payable on a weekly or monthly basis–for the support or maintenance of a person. §523 of the Bankruptcy Code is entitled “Exceptions to Discharge” 11 U.S.C. § 523(a) & (a)(5) states: “(a) A discharge under section 727 [Chp. 7]… or 1328(b) [Chp. 13] of this title does not discharge an individual debtor from any debt — … (5) for a domestic support obligation…”

Customer:

Even if it fell under division of property, and not support? We lived in Colorado. A community property state. Would I contact a Divorce lawyer or bankruptcy lawyer, and from which state. He has moved to Idaho and I now live in Washington State. Or does it have to go thru Colorado since that is where all the stuff was done from?

Paul K, Esq. :

You would contact a divorce attorney.

Paul K, Esq. :

Most divorce attorneys are educated enough to know that these types of debts will remain.

Paul K, Esq. :

It should be a great help to you to start getting these funds again.

Paul K, Esq. :

If you have more questions, please let me know.

Paul K, Esq. :

Sometimes it takes some back and forth over a day or so to completely and fully answer your questions.

Paul K, Esq. :

So feel free to ask away and I will do what I can to help out.

Paul K, Esq. :

Also do not forget to provide a positive rating so that we get credit for our work here.

Paul K, Esq. :

Thanks and have a great day!!!!

Paul K, Esq. :

I will check back with you in a bit after a Court hearing.

Paul K, Esq. :

Good luck and dont forget to positively rate!!!!

Customer:

Are you familar with the legal changes that took effect Oct 2005 concerning Bankruptcy? I do not know what they were but he had to have it filed before they took effect so he could bankrupt the settlement. I would think that would affect my legal standing to get it started back up again.

Paul K, Esq. :

The law change, called BACPA, did not effect divorce much, it did close up a minor loophole or two, but 90% of settlements related to divorce are not dischargeable. A divorce attorney in your state should be able to unravel the situation and request payment. Then if your ex objects, either his bankruptcy case is reopened for the judge to determine it or the state court judge recognizes that it is not dischargeable.

Paul K, Esq. :

If you have any other questions, please let me know.

Customer:

You said a divorce attorney in my state...State I reside in now (Washington), or State it was all done in (Colorado)

Paul K, Esq. :

The state you live in, would be best to start.

Paul K, Esq. :

They will be able to give you a free consult

Paul K, Esq. :

and get you started

Paul K, Esq. :

They will either say, we can go after him from here.

Paul K, Esq. :

Or

Paul K, Esq. :

Contact someone in Colorado

Paul K, Esq. :

I think they should be able to do it from Washington, however

Customer:

Last question. If I were to go after this would there be any arrears payments or new start date of when this was reopened, or ruled on for me to recieve it. Or would it all be up in the air and based off what the judge felt that day, type of possibility.

Customer:

Sorry, orginal question about how much time has passed, is there a time limit that I must file this after he got his bankrutcy which was back in 2005 almost 8 years ago. (Say it must be within 10 years type statue or what ever it is called)

Paul K, Esq. :

I am wrapping up with a client and will respond shortly.

Customer:

I will be away from laptop for next 2 hours, no rush at all. Thank you.

Paul K, Esq. :

To the best of my knowledge there would be arrears as it was still due AND there is not a statute of limitations on domestic support.

Paul K, Esq. :

Good evening and please be sure to provide a positive rating!!!

Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience: 10 years Exp., Great customer service, Prompt responses.
Paul K, Esq. and 3 other Bankruptcy Law Specialists are ready to help you

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