Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Generally, you are correct, being in a chapter 13 prevents that but I am trying to understand what has happened. The district court doesn't make an award, I assume someone sued you in District Court, is that right?
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I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.
If these debts are included in the CH 13 bankruptcy and have been extinguished, then you should be asking the district court to dismiss the claims of your ex as being discharged in bankruptcy. However, if these debts were not extinguished in the CH 13, the bankruptcy court through the court and trustee would decide what the repayment plan would be or possibly your attorney could reexamine all of these new claims and seek to modify your CH 13 to a CH 7 and get all of these debts extinguished. The district court should not be entering awards if the bankruptcy is still active and these are claims from during the bankruptcy period and if they are then you need to move the district court to dismiss the awards based on the bankruptcy and force him to take the claims to the bankruptcy court and then look to change to a Ch 7 if you cannot pay those debts. That is how to get protection.