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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I had gone through a divorce. In the divorce I was asked to

Resolved Question:

I had gone through a divorce. In the divorce I was asked to pay to my EX $10,000 for her attorney fees. However, I was not asked to pay her attorney. I was asked to pay her.
Can I put this on my Bankrupy?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Your ex is in violation of the automatic stay of the bankruptcy court. The filing of a petition automatically stops all action against a debtor until the bankruptcy is closed or the bankruptcy court rules otherwise.

The debt to your wife would not be discharged in your bankruptcy. Debts arising from a divorce decree are not dischargable.
Customer: replied 8 years ago.

The Bankrupcy Judge at the creditor hearing told my ex-mother-in-law (my ex her Mother) were the only people there, and at that time I had not put anything from my divorce on my bankrupcy, but when she (mother-in-law) came forward when the Judge asked if anyone had any questions, she stepped forward and said that I owed her this loan. He asked for paper work, she had none. She said this was in the divorce decree. He said this is a discharable debt and you are not to notify him in any way.

It was in the contempt yesterday.

Customer: replied 8 years ago.

Fl, did you understand that the debt to my mother-in-law was on the divorce decree?

Your telling me now that that is not discharable? I just don't understand.

If the bankrupcy judge(trustee) said to her that it was...and she stated it was in the divorce decree. I wasen't going to mess with anything in my divorce. She was the one that brought it up. My attorney asked if I had all debt listed. I said everything but what wass in my divorce decree. He told me to put it all in. All I needed to know if I was able to discharge the amount to my ex for her attorney. It was not to be paid to him. It was to be paid to her.

Expert:  Ellen replied 8 years ago.

All I needed to know if I was able to discharge the amount to my ex for her attorney.
It is not dischargable.

Here is why.

Bills or debts awarded to you in the divorce are not dischargable in bankruptcy.

Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations.

You can read the Code here:

Please click ACCEPT/BONUS so that I can get credit for my work


Thank you,

Ellen and 2 other Bankruptcy Law Specialists are ready to help you