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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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What law states any money paid unvolantary to creditor, after

Resolved Question:

What law states: any money paid unvolantary to creditor, after filing of bankruptsy, must be returned if debt is fully discharged in bankruptsy court.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Collection efforts after bankruptcy are illegal under the fair debt collection act as well as bankruptcy law. The remedy is to file a contempt action for disgorgement of the monies attached, sanctions and legal fees.

Customer: replied 7 years ago.
FLAandNYLawyer, Can you give me the statute (law) that states what you said. I had a junction against me for unpaid medical expenses, to my ex-wife. The bills were paid by her at the time of service. We have joint decision making on all medical issues. She did not discuss any of these medical bills with me prior to incurring them. I was unable to pay for the bills and ended up filing bankruptsy earlier this year. I filed bankruptsy in Oct. of 08, we went to court for contempt charges (on her) after the filing of bankruptsy. I was awarded 550.00 for her contempt, however her attorney, asked the courts to deduct this from the junction already in bankruptsy court. I advised the judge that this junction against me was already in bankruptsy court. The judge said that she must wait for the ruling of bankruptsy court. B-court discharged full debt, however, first judge stated in minutes of court that ex-wife could deduct 550.00 from bill. can this ruling be overturned?
Expert:  Ellen replied 7 years ago.

No it cannot based upon your post. Spousal obligations and child support are not discharged by a bankruptcy. You debt to the provider of the services can be discharged but your obligation to pay a portion of the bill to your ex cannot be discharged.
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Customer: replied 7 years ago.
FLAand NYLawyer, even if bills were incurred without notification of possible payment for unnecessary expenses,(several dental check-ups per year, unnecessary therapy without prior notification.)