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JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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In my divorce decree, that was signed by a judge, My ...

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In my divorce decree, that was signed by a judge, My ex-husband was ordered to pay for our suburban. He filed for bankruptcy last year, and stopped paying for the suburban. How can I find out when the bankruptcy stay has been lifted so I can file a motion to enforce the divorce decree?
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 9 years ago.

Hi Tina:

If he filed Chapter 13, you are probably out of luck since property settlements, such as who has to pay for what, are normally discharged and the ex-spouse is usually stuck with the bill (see 11 USC 1328, which permits discharge of property settlement debts).

But, if he filed Chapter 7, then it is likely that his obligation under the divorce decree will not be discharged (see 11 USC 523(a)(15)).

Your question sounds like you have already done some research and probably know all that, but I thought I would throw it out there...

In a Chapter 7, the debtor normally gets an Order of No Asset sometime around 30 days after the 341 hearing, and the Order of No Asset generally has language in it lifting the stay for creditors whose debts are not discharged. I have also seen these orders be called "Order of No Distribution."

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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