Ex-Wife from Hell**************.

What is the name of your state? Ga.

Hi,

My bankruptcy has been discharged for about 8 months now. I did it myself with help from the members here and I thought it was all over with. Today I was notified by my ex-wife that she is planning to sue again for $30,000 that she was awarded in the divorce settlement. The money was a property judgement (not alimony or child support) and I was allowed to claim it in my bankruptcy. During my creditors meeting the matter was brought up and I showed my divorce decree and was told that it was allowable in my bankruptcy. So I know all is well with my bankruptcy.
My question is, can she sue again for the amount of the previous judgement ? The divorce decree did state that I had one year to come up with the money and now time is coming near for that judgement to come to an end.
Wouldn't that be like a double jeopardy situation?

anybody can sue anybody, doesn't mean there's any merit to the claim.

if it was a dischargeable debt and it was discharged, then you're the one that will have a valid claim against her for pursuing a discharged debt.

[Ladynred]

I don't think she can sue you AGAIN on for the SAME thing.

I do HOPE you included her as a creditor in your BK papers - if not, you may have left yourself wide open to her 'attack'.

Yes, I did include her in the BK as a creditor. I even brought it up at the meeting of creditors to make sure it was allowable. The trustee looked over my divorce decree and it plainly states that it is a division of property. He stated that as long as it wasn't child support or alimony that it would be allowed.

I remember some time back when I was going through my bankruptcy. I read in one of the posts that a creditor could be fined or charged up to $25,000 for continued collection procedures on a debt. Could someone clear that up for me as well.

Thanks again for your help. As always, this forum is an invaluable source of information.

Ex-Wife from Hell**************.
......and WHO doesn't have one of those. If you don't YET, just wait, you will!

[Ladynred]

25K in fines is certainly possible, and more ! If a creditor is brought up on Contempt charges in BK court, they can face some VERY hefty fines for continued collection actions during the automatic stay AND for violating the permanent injunction of the discharge if they attempt to collect on a discharged debt.

If your EX tries this tactic of suing you again over a discharged debt, then you need to send her a letter and tell her that attempting to collect on a discharged debt, by ANY means is a nasty violation of the Federal BK laws for which you you can file a Motion for Contempt with the BK court against her and she could face fines .. and damages.. and your atty's fees !!!