- Jurisdiction
- Virginia
This Show Cause was filed for not making payments on a co-signed loan, which had not been in default and was discharged by Chapter 13.
Under the Separation Agreement incorporated in the Divorce Decree, I was to pay a loan for which my ex-spouse was co-signer. This loan was not in default. Subsequently, I filed Chapter 13.
The Bankruptcy Attorney (who also practices Family Law) sent notice to the ex-spouse, and the attorney, that both this debt and this personal obligation to the ex-spouse had been discharged. To wit, the Creditor sent correspondence to me and the ex-spouse acknowledging that the loan, as to me, had been discharged. Afterward, the ex-spouse's attorney filed a Show Cause for willfully not paying this discharged loan, which was not in default at the time of the Chapter 13.
Does this appear to be frivolous litigation? (Model Rules for Professional Conduct, Rule 3.1: Meritorious Claims and Contentions)
Under the Separation Agreement incorporated in the Divorce Decree, I was to pay a loan for which my ex-spouse was co-signer. This loan was not in default. Subsequently, I filed Chapter 13.
The Bankruptcy Attorney (who also practices Family Law) sent notice to the ex-spouse, and the attorney, that both this debt and this personal obligation to the ex-spouse had been discharged. To wit, the Creditor sent correspondence to me and the ex-spouse acknowledging that the loan, as to me, had been discharged. Afterward, the ex-spouse's attorney filed a Show Cause for willfully not paying this discharged loan, which was not in default at the time of the Chapter 13.
Does this appear to be frivolous litigation? (Model Rules for Professional Conduct, Rule 3.1: Meritorious Claims and Contentions)