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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I was illadvised to file bankruptcy before my divorce ordered

Resolved Question:

I was illadvised to file bankruptcy before my divorce ordered decree. My now ex-wife did not file Chapter 7 bankruptcy and now is socking it to me for the half of the non-securred discharge debt. She comes from a wealthy family and is using finances to bury me. I am a wreck. Is there any provision to reopen by bankruptcy to reallocate the debt for relief?

discharge was in October 2010
Ordered decree in Janurary 2011

Is there anything I can do to get relief? I am in great peril.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
How was the debt allocated to you? Were you ordered to pay the money to her?
Is this debt that was incurred after your Bankruptcy was filed?
Customer: replied 5 years ago.
Yes the judge reallocated the debt to her. The debt was included in the bankruptcy. I have debts after the fact trying to defend myself also. I just want this to end. I am so tired.
Expert:  cfortunato replied 5 years ago.


Expert:  cfortunato replied 5 years ago.

Debt that is payable to an ex-spouse pursuant to a divorce decree is not dischargable in a Chapter 7 Bankruptcy, but is dischargable in a Chapter 13 Bankruptcy - which you can file 4 years after your Chapter 7 was filed.


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

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