Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2013
    Location
    Mesa, Arizona, United States
    Posts
    1

    Post 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,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Collection of a Judgment After Bankruptcy
    By Cameron1020 in forum Civil Procedure
    Replies: 2
    Last Post: 03-07-2013, 12:37 PM
  2. Chapter 7: Protecting Soon to Be Ex-Wife from Post Divorce Bankruptcy
    By Mr President in forum Bankruptcy Law
    Replies: 1
    Last Post: 11-13-2009, 10:19 PM
  3. Divorce: Attorney Wants Fees from Divorce Settled in 2003
    By sirrah17 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 10-19-2009, 05:33 PM
  4. Effect of Chapter 13 Bankruptcy On Collection Of a Judgment
    By Legal Help in forum Civil Procedure
    Replies: 1
    Last Post: 12-20-2007, 06:21 PM
  5. Chapter 7: Post Divorce Bankruptcy - Quit Claim Deed
    By ChadC in forum Bankruptcy Law
    Replies: 1
    Last Post: 06-06-2007, 09:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources