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Recorded Default Decree of Dissolution

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ctp123

Junior Member
What is the name of your state (only U.S. law)? Arizona
On the default decree of dissolution, assets listed are said "all asset in possession". On the Petition for Dissolution document state assets "Court Judgement" in specific to be to given Spouse/respondent. I am the petitioner. Since the Default Decress didn't specially state that the Court Judgement would be awarded to spouse. Is it still his? or do I have a claim to it? I need to make sure because this Judgement is considered an Asset and I am needing to file BK7.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Arizona
On the default decree of dissolution, assets listed are said "all asset in possession". On the Petition for Dissolution document state assets "Court Judgement" in specific to be to given Spouse/respondent. I am the petitioner. Since the Default Decress didn't specially state that the Court Judgement would be awarded to spouse. Is it still his? or do I have a claim to it? I need to make sure because this Judgement is considered an Asset and I am needing to file BK7.
As best as I can tell, the judgement WAS awarded to HIM -- he is the "respondent," and you are the "petitioner." See the bolded in your post.
 

LdiJ

Senior Member
As best as I can tell, the judgement WAS awarded to HIM -- he is the "respondent," and you are the "petitioner." See the bolded in your post.
I don't disagree...but I would add a world of caution. OP is filing a chapter 7 BK. Any debts listed in the OP's name need to be included in the BK, and the BK trustee is going to go after any assets listed in the OP's name.

So, no matter how the divorce court divided things, the names those things are in are going to matter as far as the BK is concerned.
 

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