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As a follow up to the previous question. I have looked at Bankruptcy

Customer Question
statute 523 (5) for the...
As a follow up to the previous question. I have looked at Bankruptcy statute 523 (5) for the past child support and 523 (15) for the credit card debt that was under the original decree of dissoloution and more recently a contempt ruling (attmpting to force him to pay the debts)

My question for both of these: I believe no action is required on our part with the courts since these are clearly non-dischargeable, is this correct?
If action is required should I consult further with an attorney?
Also should I send a copy of the decree and contempt ruling to the bankruptcy court regardless of not needing to file to make sure the information has been disclosed?

Thank you for your assistance
Submitted: 6 years ago.Category: Bankruptcy Law
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Answered in 18 minutes by:
5/3/2011
Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
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Hi JACustomer,

Thank you for requesting me!

When a debtor receives a discharge - at the end of the Bankruptcy process - the discharge says, "all debts listed in this Bankruptcy that are dischargeable are hereby discharged". It does not separate the dischargeable debts from the non-dischargeable debts.

Although not necessary, many creditors holding non-dischargeable debts - or debts that they think are non-dischargeable - feel more comfortable filing a "4007 Determination of Dischargeability of a Debt" motion, whereby the court will make an official determination of whether the debt is dischargeable.

Filing this motion is also a good idea if there is any reason to expect the debtor will try to claim - after the discharge - that they no longer owe the money because the debt was included in the Bankrutpcy (even though simply including a debt in a Bankruptcy does not make it dischargeable).

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

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Customer reply replied 6 years ago

If this is not filed and they are discharged, can the credit card company simply be contacted with proof of the decree?

 

Also the domestic court has stayed all proceedings waiting on the outcome of the higher court. Would they require an official determination? (This is hamilton county ohio)

 

Lastly, is this 4007 motion a standard form of some kind that can be found?

 

Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago
1) No - contacting the credit card company(ies) will not help, as the decree does not bind the credit card company. In other words, since the credit card company is not a party to the decree, they do not have to honor it, and they can continue to attempt to collect the debt from you. Your only remedy - if your ex-husband will not pay you - is to sue your ex-husband.

2) Not sure what you meant by the second question. What is the higher court?

3) The 4007 motion is submitted using a regular motion form.
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
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Customer reply replied 6 years ago

Sorry, for number 2 the domestic court is treating the bankruptcy court as the higher court. They have stayed proceedings awaiting the bankruptcy courts decision. Would they be waiting on an official designation that the debt is non-dischargeable or should they realize this falls under 523 (15) without any ruling from the bankruptch court?

 

Thank you very much for you assistance. This should complete my questions.

 

Bankruptcy Lawyer: cfortunato, Attorney replied 6 years ago

A Bankruptcy "stays" (suspends) divorce proceedings that concern property division. This stay lasts until the Bankruptcy is discharged or the case is closed, whichever comes first.

Although I do not have familiarity with divorce proceedings - as Bankruptcy is my area of practice - I think the decision the divorce court is waiting for may by the discharge or close of the Bankruptcy case.

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