Can my ex dimiss the money he owes me from our divorce settlement in a bankruptcy?

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Can my ex dimiss the money he owes me from our divorce settlement in a bankruptcy?

My ex and I got divorced 3 years ago. At the time he couldn’t pay part of the divorce settlement to me ($15,000). I let him sign a legal note saying that he would pay me back within 10 years with interest. This was part of our divorce decree. He is now filing for Chapter 7 and I am wondering if he will be able to dismiss this debt owed to me. Since it was part of our settlement and is not due for another 7 years I would think that it wouldn’t be but I can’t be sure.

Asked on April 9, 2012 under Bankruptcy Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, this may be one wherein he can probably have dismissed/discharged through bankruptcy. Unless this had to do with support payments (like child support), he may be able to get it dismissed. You would need to file a proof of claim with the court and seek relief from the automatic motion to stay to continue with attempts to collect the debt and to force payment. As a creditor, you would need to get notice from the court of the filing. If he doesn't list the debt on his debts to be discharged schedule, then after the bankrtupcy you should be able to continue with your collection efforts.


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