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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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what happens if my divorce settlement was during my ex-husbands

Resolved Question:

what happens if my divorce settlement was during my ex-husbands chapter 7. I settled with the bankruptcy court and the circuit court. now there are some issues and I am worried that my ex might not be discharged. would my settlement be in jeopardy
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

Was the settlement approved by both the bankruptcy court and the divorce court? Is your divorce final?
Customer: replied 7 years ago.
the divorce was final oct. 5, 2009. it was approved by both the bankruptcy and circuit court. the bankruptcy has not yet been discharged.
Expert:  Ellen replied 7 years ago.
As you likely know, regardless of whether your former husband receives a discharge in bankruptcy or not, the marital settlement is nondischargeable.

If the bankruptcy itself is dismissed without discharge, the debt that is owed to you as per the marital settlement agreement would be unchanged

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