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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,
Yes, he filed Chapter 13 . It was supposedly discharged on January 16, 2009.
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?
The creditor is the IRS.
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