In my divorce last year my ex-husband was to forward monies to me and/or return valuable items if not sold. He defaulted and I filed a default judgement on him for this 2 weeks ago. Today is our court date on this and this morning his attorney called me to advise me that my ex would not be paying me any monies OR return the valuables as he filed for bankruptcy this morning. Does my divorce judgement preceed the filing of the bankruptcy? My ex has verbally told me he has the 14000.00 wedding ring in his posession. I was garnished from my bank account 5000.00 of my fathers funds to pay off a debt that my ex was also court ordered to pay which he failed to do. I need to know if he can claim this under his bankruptcy or if my divorce judgement preceeds this?
2 Answers from Attorneys
Re: Divorce Default
This is a bankruptcy question disquised as a family law question. If the matter in the judgment is addressing property and not support, it may be dischargeable in bankruptcy. Contact a bankruptcy lawyer immediately. For more info, please contact my office at (248)851-3171.
Re: Divorce Default
If the items and/or funds requested in your divorce judgment are not considered alimony or child support, they will probably be dischargable in the bankruptcy. That said, you should hire an attorney to represent you in the bankruptcy as a creditor to (a) oppose discharge and/or (b) make sure he states the true and accurate value of the personal property in his possession.
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