Is it true that he does not owe me that money as he is in the process of filing Chapter 7 and that debt he owes me will be wiped clean? 7 Answers as of June 29, 2017

Ex-husband is filing Chapter 7. I have paid 100% for the children's medical bills since the divorce even though he owes 50% as stated in our divorce decree. He owes me over $6000 for his half so far.

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Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy does not discharge (wipe away) domestic support obligations, including children's medical bills ordered in a divorce/dissolution.
Answer Applies to: Ohio
Replied: 6/29/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
It sounds like child support to me which is not dischargeable. In other words, he still owes it. Please go see a local knowledgeable bankruptcy attorney so that you can determine if there are any steps that you need to take. Usually it would just ride through but it is a good idea to have someone read the support orders and make sure the bankruptcy is a no asset chapter 7. If there are any assets to distribute you want to make a timely proof of claim. If there are no assets, then you have to wait until the case is closed to pursue your ex or go into court on a motion for relief from the automatic stay. After the bankruptcy is over he will have more money available to meet his support obligations.
Answer Applies to: California
Replied: 6/20/2017
Stephens Gourley & Bywater | David A. Stephens
Depending on the terms of your decree, generally medical bill reimbursement is not discharge by a chapter 7.
Answer Applies to: Nevada
Replied: 6/20/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Maybe.
Answer Applies to: Colorado
Replied: 6/20/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to consult with local counsel. How the order of reimbursement is worded will decide this issue. Make sure you take the dissolution papers with you to the appointment.
Answer Applies to: California
Replied: 6/20/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Payment of the children's medical debts is considered to be a form of child support. Child support is not eligible to be eliminated through any type of bankruptcy and is also considered a priority debt.
    Answer Applies to: Nevada
    Replied: 6/19/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Generally speaking, I did assigned to one of the spouses in the divorce is not exactly just chargeable period I You will you will really benefit from retaining a lawyer skilled in both divorce and bankruptcy law.
    Answer Applies to: Wisconsin
    Replied: 6/17/2017
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