Q
qweenee331
Guest
I am in the state of "Maine"
This is a long and complicated story so I'll try to be brief but thorough. My husband and his ex-wife were divorced in Nov. '97 in the Divorce Decree they were each awarded a certain amount of the marital debt to which they would be solely responsible for.My husband paid his portion of the debts off within one year, the ex filed for Bankruptcy in May '98 and was later released of all her debts,marital and personal in Aug.'98.In Dec.'99 my husband was sued by one of the creditores that held a debt that was the resposibility of the ex.They one a Judgement against him and put a lien on our home forcing us to pay the debt to remove the lien.My husband paid the debt,and sued the ex in Small Claims Court for the cost of the debt plus Court fees.After the Judge took a month to deliberate,a Judgment was granted in my husbands favor.The same day we recieved the Judgment in the mail,we also recieved a Motion To Re-Open her(ex) Bankruptcy case to add my husband as a creditor along with all the marital debt(which she had already listed in the original Bankruptcy Proceedings).We then had to file a Motion for an Adverary Proceeding in Bankruptcy Court to keep her from shirking the Judgement(more court fees)We attempted to try to collect on the Small Claims Judgement by serving her with a Notice Of Disclosure,and her attorney sent a Suggestion Of Bankruptcy to the Court halting any further action to attempt to collect.We then had a Telephone conference with the Bankruptcy Judge and her lawyer,my husband never got to get the point across to the Judge that he had already won a Judgment in Small Claims because the ex's attorney would always interupt or redirect the conversation to some other point.It all came down to this:Stipulation Of Dismissal:Now comes Plantiff,prose,and Defendant by and through her attorney,and stipulate that the above captioned matter(Adversary Proceedings)may be dismissed with predudice and without cost to any party.He was awarded half of the cost of the one debt in question(the judge not knowing about the prior Judgment in Small Claims)We have done all of this to this point on our own,but my problem is can we still collect the full amount on the Small Claims Judgment,and if so can we also amend the Judgment to add all the cost that we have occured in the process of trying to collect,such as filing fees in Bankruptcy Court to Keep her from adding my husband and also filing fees for the Disclosure and for the Sheriff to serve her with the Disclosure papers?If he can't do anything to collect can I as his wife who also has expended marital monies to rectify this situation? PLEASE HELP I AM AT A LOSS OF WHAT TO DO NEXT!!!!!!!!!!!!!!!!
THANK YOU,
This is a long and complicated story so I'll try to be brief but thorough. My husband and his ex-wife were divorced in Nov. '97 in the Divorce Decree they were each awarded a certain amount of the marital debt to which they would be solely responsible for.My husband paid his portion of the debts off within one year, the ex filed for Bankruptcy in May '98 and was later released of all her debts,marital and personal in Aug.'98.In Dec.'99 my husband was sued by one of the creditores that held a debt that was the resposibility of the ex.They one a Judgement against him and put a lien on our home forcing us to pay the debt to remove the lien.My husband paid the debt,and sued the ex in Small Claims Court for the cost of the debt plus Court fees.After the Judge took a month to deliberate,a Judgment was granted in my husbands favor.The same day we recieved the Judgment in the mail,we also recieved a Motion To Re-Open her(ex) Bankruptcy case to add my husband as a creditor along with all the marital debt(which she had already listed in the original Bankruptcy Proceedings).We then had to file a Motion for an Adverary Proceeding in Bankruptcy Court to keep her from shirking the Judgement(more court fees)We attempted to try to collect on the Small Claims Judgement by serving her with a Notice Of Disclosure,and her attorney sent a Suggestion Of Bankruptcy to the Court halting any further action to attempt to collect.We then had a Telephone conference with the Bankruptcy Judge and her lawyer,my husband never got to get the point across to the Judge that he had already won a Judgment in Small Claims because the ex's attorney would always interupt or redirect the conversation to some other point.It all came down to this:Stipulation Of Dismissal:Now comes Plantiff,prose,and Defendant by and through her attorney,and stipulate that the above captioned matter(Adversary Proceedings)may be dismissed with predudice and without cost to any party.He was awarded half of the cost of the one debt in question(the judge not knowing about the prior Judgment in Small Claims)We have done all of this to this point on our own,but my problem is can we still collect the full amount on the Small Claims Judgment,and if so can we also amend the Judgment to add all the cost that we have occured in the process of trying to collect,such as filing fees in Bankruptcy Court to Keep her from adding my husband and also filing fees for the Disclosure and for the Sheriff to serve her with the Disclosure papers?If he can't do anything to collect can I as his wife who also has expended marital monies to rectify this situation? PLEASE HELP I AM AT A LOSS OF WHAT TO DO NEXT!!!!!!!!!!!!!!!!
THANK YOU,