Personal Bankruptcy my ex filed chapter 7, What about the monies he owes me?

[cindiannbaird]

My ex filed chapter7, and I have two orders for garnishments
1. 2,400 for childrens extra curricluar activities he was ordered to pay for half in the divorce creed...this is his half
2. 4,500 is a seperate order left from the divorce settlement that he was suppose to remove 11,000 of of a credit card in my name and transfer it to his ordered in the divorce creed...he never did it! so I've paid it off myself in chunks then would garnish him for that amount. This 4,500 is the last chunk of his credit card debt that he was ordered in the creed to tranfer and never did. Am I dichargable from his chapter seven? Do I need to file an objection to dicharge? Does it cost me 150,00 to file in the western dist. court, or am I not charge the filing fee due to Bankrupcy rule 3002? Do I need to file a summons too? Where do I get this form? What language do I use in my objection?

 

[Michael Wechsler]

My ex filed chapter7, and I have two orders for garnishments
1. 2,400 for childrens extra curricluar activities he was ordered to pay for half in the divorce creed...this is his half
2. 4,500 is a seperate order left from the divorce settlement that he was suppose to remove 11,000 of of a credit card in my name and transfer it to his ordered in the divorce creed...he never did it! so I've paid it off myself in chunks then would garnish him for that amount. This 4,500 is the last chunk of his credit card debt that he was ordered in the creed to tranfer and never did. Am I dichargable from his chapter seven? Do I need to file an objection to dicharge? Does it cost me 150,00 to file in the western dist. court, or am I not charge the filing fee due to Bankrupcy rule 3002? Do I need to file a summons too? Where do I get this form? What language do I use in my objection?

As a creditor, you don't need to file suit against him -- you file your claim as a creditor with the Bankruptcy Court.

My understanding is that if you challenge the discharge of divorce decree debts like these here it is not uncommon that a judge will not allow their discharge.