ExpertLaw.com Forums

Post-Judgment Collection of Divorce Attorney Fees and Bankruptcy

Printable View

  • 03-28-2013, 11:31 AM
    Emma Jimenez-Aumack
    Post-Judgment Collection of Divorce Attorney Fees and Bankruptcy
    My question involves bankruptcy in the state of: New Jersey

    I live in Arizona. My ex lives in Tennessee and has lived there for the last 2 years. He filed for bankruptcy in New Jersey, I believe in December. Our divorce was filed and finalized in Maricopa County, Arizona. Per our divorce decree my ex is paying child support and spousal maintenance and is supposed to pay a portion of my attorney's fees. When my ex filed for bankruptcy, he listed my divorce attorney as the creditor for my attorney's fees. According to my divorce attorney, I am the creditor, as my fee agreement is between me and my attorney, not between my ex and my attorney. In addition, my ex incorrectly listed the name of the law firm, and he did not list my correct address, so I just received notice of the his pending bankruptcy, and the deadline for disputing the discharge is 2 weeks away (April 12). My questions are as follows:

    1. Do I have to dispute discharge of these attorney's fees since he didn't list me as a creditor for these fees?
    2. Since I was not listed as a creditor for these attorney's fees, can I continue with collection of these fees?
    3. Because I just received notice of the bankruptcy, should I at least notify the court of my correct address, and if I can have an extension to dispute the discharge, if necessary?

    Thank you,
  • 03-30-2013, 01:28 PM
    Mr. Knowitall
    Re: Post-Judgment Collection of Divorce Attorney Fees and Bankruptcy
    If he's seeking discharge only in relation to your lawyer, to extinguish any direct claim by your lawyer, that does not affect his obligations to you under the divorce judgment. If he's not taking the position that any portion of the divorce settlement is dischargeable, and is not attempting to discharge any obligation to you, you can resume efforts to collect the money he owes to you after the automatic stay expires. If you want to make sure that your address is properly on record with the court, such that any court notices actually reach you, it makes sense to correct your address of record.
All times are GMT -7. The time now is 03:19 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved