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  #1  
Old 07-17-2000, 09:09 PM
zyxwvuts
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Angry


My ex and I were officallky divorced in Indiana last November. Our settlement agreement stated that she was to be held responsible for the entire marital debt. The money from the sale of our real estate was top go to her to pay off all of it. Instead she just kept the money and then filed bankruptcy. Now the creditors are after me to pay it. Can I take her to court for contempt and still make her pay off any debt relating to me from our former marital debt?
  #2  
Old 07-17-2000, 09:28 PM
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Location: Los Angeles, California
Posts: 38,191
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by zyxwvuts:
[b]
My ex and I were officallky divorced in Indiana last November. Our settlement agreement stated that she was to be held responsible for the entire marital debt. The money from the sale of our real estate was top go to her to pay off all of it. Instead she just kept the money and then filed bankruptcy. Now the creditors are after me to pay it. Can I take her to court for contempt and still make her pay off any debt relating to me from our former marital debt?[/b]<HR></BLOCKQUOTE>


My response:

Sorry. Federal law "trumps" State law. She's been discharged from paying the debts, in full, and it is now your responsibility to pay the creditors, in full. However, and what's interesting, is that in order to use Bankruptcy, she had to declare the money she received from the sale of the property. If she lied to the Federal court about that money, she's in hot soup. You should go to the Federal courthouse and view her file to see if that money was declared, and what became of that money. If you find that she failed to declare the money, then you may be able to file a motion with the Federal court to have her file reviewed and to have her summoned back into court for some "friendly" questioning. Make sure you have all of your documentary proof ready for filing with the court, also.

IAAL


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  #3  
Old 07-17-2000, 10:40 PM
whinney360
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
[b]
My response:

Sorry. Federal law "trumps" State law. She's been discharged from paying the debts, in full, and it is now your responsibility to pay the creditors, in full. However, and what's interesting, is that in order to use Bankruptcy, she had to declare the money she received from the sale of the property. If she lied to the Federal court about that money, she's in hot soup. You should go to the Federal courthouse and view her file to see if that money was declared, and what became of that money. If you find that she failed to declare the money, then you may be able to file a motion with the Federal court to have her file reviewed and to have her summoned back into court for some "friendly" questioning. Make sure you have all of your documentary proof ready for filing with the court, also.

IAAL


[/b]<HR></BLOCKQUOTE>

 



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