Legal Question in Bankruptcy in California
My ex filed bankruptcy. In our divorce agreement he solely owed a debt to my parents for $20,000 and a new contact was written as stated in our agreement. He paid for 2 years then quit. My parents took him to small claims and got a judgement on the remaining balance of $10,000. He is not trying to discharge this debt in his bankruptcy. What do I need to file with his bankruptcy case so the know this judgement cannot be discharged?
1 Answer from Attorneys
Based solely on what you've said, the debt is dischargeable and will be discharged -- he has no choice.
He may choose to pay the debt after the bankruptcy but he is in no way liable for payment.
If you or your parents put pressure on him to pay -- or even ask him to pay, or remind him to pay, etc. These are all violations of the automatic stay and he can turn around and sue you.
Now, you may have more options at your disposal. I don't know because there are a lot of facts missing. So I recommend you consult with a local attorney.
Related Questions & Answers
If you file for bankruptcy, does it erase leans or judgement against you or your... Asked 12/04/14, 2:39 pm in United States California Bankruptcy Law