Legal Question in Bankruptcy in Texas

My Son in Law (now divorced from my daughter) has allegedly filed for bankruptcy. The divorce decree requires him to make payments on a vehicle (Toyota Sienna) that my daughter is driving. He states that he intends to default on those payments. Is that provision in the divorce decree enforceable in the face of a bankruptcy filing?

Asked on 4/04/13, 12:05 pm

2 Answers from Attorneys

Gary Armstrong Armstrong Kellett Bartholow P.C

Your daughter may have to go back to divorce court to enforce the decree and she may need to talk to a bankruptcy attorney to determine whether this debt is dischargeable or not. There is not enough information in your question to give you a straight up yes or no answer to this question.

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Answered on 4/04/13, 12:18 pm

Keith Engelke Law Office of S. Keith Engelke

You need to verify whether he has filed for bankruptcy. If so, your daughter may need to file a proof of claim.

If he is in bankruptcy you will probably need to file a motion to lift the bankruptcy stay to file a motion to enforce. You also need to find out if your daughter is on the loan as well. If she is and he defaults, the creditor will come after her.

Suggest you retain a local attorney with family and bankruptcy law experience.

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Answered on 4/04/13, 3:16 pm

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