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  1. #1
    Join Date
    Mar 2008
    Posts
    11

    Default Court Judgment and Bankruptcy

    My question involves bankruptcy in the state of: Oregon

    My ex-wife as informed me that she is planning on filing bankruptcy. She owes me about $5,000 and she acknowledges that she owes me the money. I plan on filing a claim in small claims court in order to get a judgment. However, she told me if I did and I got a judgment against her before she files and completes her bankruptcy, my judgment would simply be added to her bankruptcy and she would not have to repay me. Is it true, if someone has a judgment against them for money that it can added to their bankruptcy? Should I wait until her bankruptcy is completed or move forward and file my claim in small claims court? Of course I am sure there is a statue of limitation on filing a small claims case. She claims her bankruptcy will take six months to complete. But she hasn't done anything in order to get the process stated.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Court Judgment & Bankruptcy

    However, she told me if I did and I got a judgment against her before she files and completes her bankruptcy, my judgment would simply be added to her bankruptcy and she would not have to repay me. Is it true, if someone has a judgment against them for money that it can added to their bankruptcy?
    Yes this is true, she is protected under the federal bankruptcy court.
    What isn't clear is this...
    What does she owe you the money for?
    Does she owe you money as a result of a divorce proceeding? Meaning...if you have a court order from your divorce, it is NOT protected and she can't include it in her bankruptcy.
    Should I wait until her bankruptcy is completed or move forward and file my claim in small claims court?
    You may not have to if it was included in divorce settlement.
    Of course I am sure there is a statue of limitation on filing a small claims case. She claims her bankruptcy will take six months to complete. But she hasn't done anything in order to get the process stated.
    Yes there usually is a SOL on small claims cases. Its common for a bankruptcy to take this long. They are usually advised by their attorney that they should not make any payments towards anyone for anything except of course your basics. (gas, lights, etc) for 90 days prior to filing.
    If her intentions are to claim the debt to you as a party to the bankruptcy, you will be notified by the court and can attend the proceeding as a creditor.

  3. #3
    Join Date
    Mar 2008
    Posts
    11

    Default Re: Court Judgment and Bankruptcy

    Yes, in our divorce decree she is responsible for a credit card bill that increased from 3 to 5 thousand dollars because she hadn't paid it. However, that bill was in my name and she said she could not add it to her bankruptcy. I paid this bill to stop the "bleeding" and stop the monthly finance charges and late fees and the damaging affects it was having on my credit rating. So in our divorce decree it is stipulated and order that she is responsible for paying this credit card bill.

    She acknowledges that she owes me the money but says if I get a judgment agsinst for the money, she will add it to her bankruptcy and she will not owe me anything.

    So am I right to understand, if I was to get a judgement against her (in small claims court or a comptemt judgment and attempt to collect the money I am owed she can not add that judgment to her bankruptcy?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Court Judgment and Bankruptcy

    Child support, alimony, and property settlement obligations under divorce judgments are not dischargeable in bankruptcy.

    Other debts under a divorce if you have a court order to pay or signed agreement to pay the debts, that court order or agreement to pay debts is generally not dischargeable in bankruptcy. You might contact a lawyer regarding the specific debt to verify that it is non-dischargeable.

    Even if it is non-dischargeable, you can still have a problem in collecting the debt/judgment from the debtor such as if they do not have the income/assets to pay the debt with.

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