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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2602
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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As a creditor my ex husband filed bankruptcy. His property

Customer Question

As a creditor my ex husband filed bankruptcy. His property settlement to me was $170,000. I was listed as an unsecured creditor. He has now reached the point he might have to pay me in the bankruptcy case and has now filed that his debt to me was partially a contingency and it states in our divorce decree that I will pay the first 100000 on my school loans (down to 100000) then he would have to pay the remaining balance of 70000 of the school loans. Of course this debt to me is not dischargeable so I can never write it off but until he pays me the first 100000 he owes I can't get the debt down to 70000 so never able to reach that unless he pays what he owes me first. So he is not trying to avoid the first 100000 but the second amount of 70000. I might receive 10,000 on the first 100000. Is there any case law that would prevent him from avoiding avoiding the 70,000 debt to me under the contingency issue where he is trying to state I have not met my burden of paying debt down and he is the one preventing me from making the first 100000 down on the loans? Any way to make an argument against his continency argument?
Submitted: 3 years ago via Cornell Legal Info Institute.
Category: Bankruptcy Law
Expert:  Fran-mod replied 3 years ago.
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Customer: replied 3 years ago.

Still waiting on a response do not have answer.

Expert:  Fran-mod replied 3 years ago.
Thanks Angela,

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Customer: replied 3 years ago.
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