How do I object to a discharge in bankruptcy court? 8 Answers as of May 27, 2011

My ex was ordered to pay me $3100 for our divorce settlement, most of which comes from a tax return. She had lied to me about the amount of the return, filed jointly in our name, then kept the amount. I got a wage garnishment against her and after her wages were garnished she filed for chapter 7 to stay the garnishment. She claims to have no money yet she makes over $3000/mo and has the ability to make payments. I am disabled living in a 30 year old motor home that is growing mold and I am about to have surgery and it is imperative that I get a better place to live. What do I need to do to object to a discharge? Is there certain paperwork I need to file?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to see a lawyer. First, it depends on how the divorce settlement is worded. If it was done right you will not need to file anything in the bankruptcy court. Second, if you need an action in the bankruptcy court.... that is not the type of task a person can ordinarily do on their own. The court and clerks can't help you with this.
Answer Applies to: California
Replied: 5/27/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
You need to file an adversary complaint alleging that the debt is nondischargeable as a marital property settlement. The procedure is somewhat complex, and will involve several court appearances. The problem is that the size of the debt is nominal in relation to what an attorney will charge for the work necessary to leave it nondischargeable. I would probably suggest that you go back to domestic relations court and ask for attorneys fees in advance $5,000 to permit you to contest the dischargeablity, and then hire a bankruptcy attorney to assist you.
Answer Applies to: California
Replied: 5/27/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You don't need to object to discharge to college a divorce settlement. Pursuant to Section 523 (a) (6)a discharge does not discharge a domestic support obligation. After her discharge is entered, about four months after the case if filed, you can resume the wage garnishment against her.
Answer Applies to: California
Replied: 5/27/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
An Order in Family [divorce decree] court will survive the bankruptcy and you're only temporarily "stayed" on your garnishment. If you want to object to her discharge, you'll need to hire an attorney and file a lawsuit in her bankruptcy case known as an Adversary Proceeding. Otherwise, wait and resume the garnishments after her discharge. Domestic Support Obligations are NOT dischargeable. You can also call the Trustee's office if you think she's lying on her bankruptcy papers.
Answer Applies to: California
Replied: 5/27/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
You need to file an adversary proceeding and allege and prove an exception to discharge under 523. Look at 11 USC 523a2 to start. You have limited time to do this.
Answer Applies to: California
Replied: 5/27/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Well, the good news is that if the $3,100 judgment was court ordered as part of your divorce, then it is not dischargeable in her bankruptcy case, so there is no need for you to object to the discharge. See 11 U.S.C. 523(a)(15) You can either wait for her bankruptcy case to conclude and then resume your garnishment or, if you want to move the process along faster, you can file a Motion for Relief From the Automatic Stay to get permission to garnish earlier.
    Answer Applies to: California
    Replied: 5/27/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You would need to file an adversary proceeding (a bankruptcy lawsuit) objecting to discharge of an obligation imposed by a domestic relations court order.
    Answer Applies to: California
    Replied: 5/26/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Show up at the 341 creditors meeting and bring this to the attention of the bankruptcy trustee.
    Answer Applies to: California
    Replied: 5/26/2011
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