Results 1 to 4 of 4

Hybrid View

  1. #1
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    4

    Default Lawsuit Related to Personal Property Awarded in Divorce

    I live in Texas and I filed for Chapter 7 before the October 17 deadline for changes in the law. There was a pending lawsuit in County Civil District Court in which my ex-husband had filed a counterclaim against me. One of the items was awarded to my ex in the divorce decree (which I did not sign), was tangible personal property that was to be turned over to him when I moved out of the townhome.

    Since this issue was in the current counterclaim related to the pending lawsuit which was discharged during the bankruptcy:

    1) Should litigation continue in this lawsuit, even though the lawsuit was discharged in bankruptcy? (please include citations where possible on all issues, Thanks)
    2) Can the District Judge make a ruling regarding this or any other other issues in the lawsuit?
    3) Should the court or my ex have filed notice of appeal on this issue at the creditor meeting?
    4) Since the books and armoire are personal property awarded to my ex husband in the divorce decree, does this change anything?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lawsuit related to personal property awarded in Divorce

    Quote Quoting BrokeinTX
    1) Should litigation continue in this lawsuit, even though the lawsuit was discharged in bankruptcy? (please include citations where possible on all issues, Thanks)
    No offense - if you want to set conditions like that, you should hire a lawyer.

  3. #3
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    4

    Default Lawsuit related to Personal Property awarded in Divorce

    I didn't mean to sound arrogant in requesting citations, I just want to remedy this situation as soon as possible. Sorry!

    I have 2 lawyers....one for the civil case and a bankruptcy attorney. Unfortunately my bankruptcy attorney is in the hospital having his rotator cuff replaced and is out of commission for awhile.

    If you have any ideas about my questions, please respond. Again, I apologize for coming off as snooty in my original questions.

    Thanks

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Lawsuit related to personal property awarded in Divorce

    Quote Quoting BrokeinTX
    1) Should litigation continue in this lawsuit, even though the lawsuit was discharged in bankruptcy? (please include citations where possible on all issues, Thanks)
    I'm not sure what you mean. From what you say it is your lawsuit, and your husband's counter-claim. If you wish to dismiss your claims against your ex-, I doubt he would object. If your lawsuit continues, he may be entitled to a setoff against your recovery in any amount you owe him despite the discharge, or his claims may survive the bankruptcy. It depends upon the nature of the legal actions and the claims involved.

    Quote Quoting BrokeinTX
    2) Can the District Judge make a ruling regarding this or any other other issues in the lawsuit?
    Make a ruling regarding what?

    Quote Quoting BrokeinTX
    3) Should the court or my ex have filed notice of appeal on this issue at the creditor meeting?
    Was your ex- listed as a creditor? In relation to what obligation?

    Quote Quoting BrokeinTX
    4) Since the books and armoire are personal property awarded to my ex husband in the divorce decree, does this change anything?
    If your ex's claim is over the return of items of his personal property, his claim may well survive your bankruptcy. Your bankruptcy estate includes assets in which you have an ownership interest. If you had no ownership interest in items of personal property your husband claims, it is questionable whether they were property a part of your estate in bankruptcy.

    Once your bankruptcy lawyer is out of the hospital he should be able to clear up these issues for you.

    1. Sponsored Links
       

Similar Threads

  1. Execution of Deed: Real Estate Steps After House Awarded in Divorce
    By KJLunde1983 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 10-28-2010, 02:53 PM
  2. Replies: 1
    Last Post: 07-25-2008, 05:03 AM
  3. Property Division: Property Awarded To Ex Hasn't Been Removed By Required Date
    By longshot288 in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 03-31-2008, 10:58 PM
  4. Violation & Enforcement: Recovering Personal Property After Issuance of a Personal Protection Order
    By jiggy in forum Orders of Protection
    Replies: 10
    Last Post: 09-29-2007, 08:50 AM
  5. Property Division: Post Divorce and Personal Property
    By ryguard in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-17-2007, 07:23 AM
 
 
Sponsored Links

Legal Help, Information and Resources