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| deb71 |
Posted - 01 June 2010 : 07:42:56
my ex-husband is filing bankruptcy, he was court ordered to pay me a significant amount of money at our divorce due to a credit card that was in my name but his debt was also on. there have been no attempts to pay me and now i'm wondering if he can possibly get away with not having to be financially responsible to make this payment. |
| 5 L A T E S T R E P L I E S (Newest First) |
| RHB |
Posted - 01 June 2010 : 18:31:43
Thing is, it would need to go back to court anyway & if he is BR he won't have the money to pay you & a judge can't order blood from a stone. |
| Bridgewood |
Posted - 01 June 2010 : 12:34:21
Hi Richard/Deb71
You are right in that some Court orders are not provable in bankruptcy, but it isn't always straightforward - some debts are not provable, some are provable and extinguished by the bankruptcy, and some are provable but continue after the bankruptcy
Adding links is beyond my technical abilities I'm afraid (I can't even work out how to reply with a quote from a previous post!)
In general if the Court order is a maintenance order it would not usually be provable, but quite often in divorce proceedings you have to dissect the order to work out which parts are an ongoing liability and which parts are extinguished by the bankruptcy.
I assumed that the order to pay back some of the credit card liability would be separate to any maintenance agreement.
Hope this hasn't confused the issue even more!
Bridgewood specialise in helping people deal with their debts and make the most of their financial situation - providing free, no obligation debt advice.
We can also setup a complete range of solutions including debt management plans, IVA and bankruptcy support. |
| Richard P |
Posted - 01 June 2010 : 12:21:05
Hi Bridgewood and RHB
not certain but if Debs husband was ordered by a court to pay the money , i thought that certain types of court orders and fines were not allowed to be included in bankruptcy, do either of you have the link so debs can self check.
i would tend to agree that debs could end up being "another creditor" (sorry) but just had this thing in my mind about certain types of court orders
regards Richard |
| Bridgewood |
Posted - 01 June 2010 : 11:15:18
Hi Deb71
As RHB says, if your ex husband goes bankrupt, your claim against him is an unsecured claim in his bankruptcy ranking equally with his other creditors.
It is unlikely he would have to pay you this debt separately.
All you would need to do is provide the OR with a copy of the Court Order confirming his liability to you.
Best wishes
Bridgewood specialise in helping people deal with their debts and make the most of their financial situation - providing free, no obligation debt advice.
We can also setup a complete range of solutions including debt management plans, IVA and bankruptcy support. |
| RHB |
Posted - 01 June 2010 : 07:59:55
Sounds like he can if the debt was in your name. If you can prove it was a loan then you can become a creditor in BR proceedings just like anyone else. |
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