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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My former spouse was ordered to pay his IRS debt in our Divorce

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My former spouse was ordered to pay his IRS debt in our Divorce Decree. It statts that, "I was not to be held responsible for the debt in any regard." He filed Chapter 13 Bankruptcy, and was issused a Discharge of Debtor on January 16, 2009. His attorney states that "pursuant to provisions of 11 U.S.C. & 1328, Petioner's obligations due and owing to Respondent under the parties' Decree of Dissolution of Marriage were discharged and Petitioner was relieved of all indebtedness owing Respondent under the parties' Decree of Dissolution of Marriage."

Do the provisions of 11 U.S.C. & 1328, relieve a party of indebtness from a Divorce Decree, even when it's spelled out that the former spouse is not to be held responsible for the debt in any regard?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



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So, the bankruptcy court canceled out that part of the family court's decree, right?






Customer: replied 7 years ago.

 

I have not seen proof of the bankruptcy court canceling out that part of the family court's decree.

My 2009 tax refund was intercepted by the IRS. I filed Contempt of Court against my former spouse for not paying his IRS debt as ordered in our divorce decree. I was pro se. His attorney told the presiding judge that pursuant to provisions of 11 U.S.C. & 1328, he was relieved of all indebtedness due and owing to me. The judge asked if this were true even though the decree states I'm not to be held responsible in any regard. He said yes. The judge was not familiar with tax laws, so she took the attorney's word.

 

Thank you kindly,

 

DeLise

Expert:  Ely replied 7 years ago.
DeLise,DID your ex file bankruptcy?
Customer: replied 7 years ago.

 

Yes, he filed Chapter 13 . It was supposedly discharged on January 16, 2009.

Expert:  Ely replied 7 years ago.
Chapter 13, if you have a steady income, it allows non-liquidation and the Court sets up a a plan to repay all or part of what you owe. But you have to serve all interested parties so they can get in line to the structured settlement with their debt. He should have served you. Therefore, you need to re-open his bankruptcy case, since you didn't know anything about it, and put your credit in line, OR do a Motion for Reconsideration at this family court and demand that since he didn't give you notice, the family court should not dismiss the debt even if bankruptcy did.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 7 years ago.

 

My apologies for opening a new question. I didn't see the dialog box at the bottom of the page.

 

Let's assume I was served as a creditor. I didn't respond because he didn't owe me anything other than what he was ordered to pay in our divorce decree. I was not aware that Chapter 13 supercedes a Divorce Decree. Given that, may I reopen his bankruptcy case, and/or a Motion for Reconsideration?

Expert:  Ely replied 7 years ago.
No worries.Yes, absolutely. You may pursue and have this resolved while the creditor is pursuing you. Let the creditor know that "this debt is currently in dispute between me and my ex, so you need to lay off until it's settled or I'll file a restraining order against you and file for contempt every time you call." They'll leave you alone.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 7 years ago.

 

The creditor is the IRS.

Expert:  Ely replied 7 years ago.
Ha. Well, still, same difference - my advice stands as is.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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