What to do if I was just awarded a judgement against my now ex-husband but won’t be able to collect because he is filing for bankruptcy?

UPDATED: Oct 4, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was just awarded a judgement against my now ex-husband but won’t be able to collect because he is filing for bankruptcy?

It is a significant amount of money. After the judge awarded it to me, my husband laughed and said that I would not see a dime and that he will just file bankruptcy. The money he owes me is for debt that is still owed to creditors. Do I have any recourse? The debt still has to be paid but now it seems as though I will have to pay it myself.

Asked on October 4, 2013 under Bankruptcy Law, Colorado


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

You don't provide enough detail for a response to your question.  How was the judgment awarded to you?  Was it as a result of a marital settlement agreement?  A failure to pay a past support obligation?  A debt payable in the nature of support?  A default based upon a prior indemnification agreement? 

Most debts, attributable to a divorce decree or marital settlement agreement or Judgment cannot be discharged in bankruptcy under 11 USC 523(a)(5).  However, depending upon the nature of the debt, and timing, there are exceptions.

I would advise that you attempt to collect the debt and let the spouse file.    Consult with a capable family law/bankruptcy attorney (they do exist) and explore your options.  Don't give into the bluff.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption