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I was awarded approximately $50,000 in backCustomer

Customer Question
through my ex-husband's retirement....
I was awarded approximately $50,000 in backCustomer through my ex-husband's retirement. However, he placed the debt in bankruptcy and only paid a portion to the bankruptcy court, who send me payments as they were allowed according to the bankruptcy law. The bankruptcy ends this month, but the judge ordered him to pay the back payments, plus continuous monthly payments. He has not paid any of the ongoing payments, and I need to know if what he owes me in back continuous payments plus future payments are dischargeable and I have no other recourse.
Submitted: 8 years ago.Category: Bankruptcy Law
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Answered in 12 minutes by:
9/3/2009
Bankruptcy Lawyer: TJ, Esq., Attorney replied 8 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12,473
Experience: JD, MBA
Verified

Hello and thank you for allowing me the opportunity to assist you.

Question: “I need to know if what he owes me in back continuous payments plus future payments are dischargeable”

Answer: Your ex’s obligations to you are nondischargeable in bankruptcy. Specifically, Section 523 of the Bankruptcy Code provides a list of exceptions to discharge (i.e. those debts that are nondischargeable), and it states in relevant part:

§ 523. Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt

(5) for a domestic support obligation;

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;

Therefore, your ex will continue to owe the back payments and future payments even after the bankruptcy.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification. Also, if you added details in the “Optional Information” or “Already Tried” fields that I did not address in my answer, then I apologize. Questions are often posted for the experts to answer prior to the completion of those fields. Just let me know that I missed something pertinent and I’ll be happy to get back to you.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

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DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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