What can I legally do if husband is suing after I filed for bankruptcy? 15 Answers as of November 19, 2015

I just recently filed for bankruptcy and my house is still in my name for a few more months until the bank finally takes over. I tried to sell it however due to radon and mold. No company's would mortgage it for potential buyers. I finally filed and I just got summons in the mail for my ex-husband who wants to sue me for failure to keep up the house and find me in contempt of the divorce decree (which states upon sale of the house, he is to receive 50/50 up to $25,000 from what is left over after all is paid off). I was wondering if you think he will win and get $25,000. I am bankrupt. I have no money and the house is going to be the banks. Will he just have a lien on the house like the banks and insurance and I don't have to worry? Thank you so much for any advice.

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Walpole Law | Robert J. Walpole
Apparently you do not have an attorney representing you in the bankruptcy. If you do and your ex-husband was not listed as a creditor, you should amend your bankruptcy case to include him. Second, you do not provide enough information to adequately answer your questions. That information would probably be how the lien and judgment are worded in the decree. Good luck.
Answer Applies to: Oklahoma
Replied: 11/19/2015
Stephens Gourley & Bywater | David A. Stephens
His suit will be temporarily stayed by the bankruptcy. However, depending on what your decree states, he may be able to continue the suit.
Answer Applies to: Nevada
Replied: 11/5/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
When you have a complicated case involving a division of property due to a divorce, it can be crucial to be represented by an attorney with a great deal of experience in this issue as well as an attorney that handles bankruptcy litigation. Failing to have done so is going to cost you about 10 times what you might have paid to a bankruptcy attorney to solve this problem. Some people have to learn the hard way. You have gone down the wrong road. Hope you are able to backtrack to resolve this problem.
Answer Applies to: Nevada
Replied: 11/5/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Miss, my advice would be for you to meet with a lawyer experienced with both divorce and bankruptcy matters. For a lawyer to try and answer your questions without looking at the divorce decree or the bankruptcy petition borders on being malpractice. Lawyers who answers here are trying to help people like you. I can even hazard a "guess" and try to answer your questions, but you have one shot at doing this right. That's my two cents. Good luck!
Answer Applies to: Colorado
Replied: 11/4/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That lawsuit violates the discharge injunction. See a lawyer. You may find one at NACBA.ORG
Answer Applies to: California
Replied: 11/4/2015
    Law Office of Robert E McCall | Robert McCall
    Cannot answer without more informant. You need to have the court papers reviewed by a local attorney ASAP. Cannot speculate if he has a valid claim or not.
    Answer Applies to: Florida
    Replied: 11/4/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Whether your husband can sue you depends on the terms of the divorce decree. If the decree states that his right to up to $25,000 is support, then he can sue and he might win. If the decree states that this is a property settlement, he can't sue and you can have him found in contempt of the bankruptcy court. Either way, you need to see an attorney who is familiar with bankruptcy law.
    Answer Applies to: Ohio
    Replied: 11/4/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    If you filed for bankruptcy and owed your husband money, you should have listed him as a creditor. If you did not list him, you should immediately amend your case to include him. Then his lawsuit would be subject to the bankruptcy stay and he would have to get permission from the bankruptcy court to proceed with it. If you don't have a bankruptcy attorney, you should get one now because this is no longer a simple case. It's very likely that his claim against you for not taking care of the house will be litigated in your bankruptcy case, and if he wins there you will probably go back to state court on the contempt charge.
    Answer Applies to: Oregon
    Replied: 11/4/2015
    John Russo | John Russo
    Family Court cannot do anything until the bankruptcy is over, ( i.e. automatic stay provisions of the federal bankruptcy court) Also, sounds like you did not have a MSA, just a final judgement, and if your wording is correct as to the language of the final, he was guaranteed NOTHING; He was to receive 50% of the net proceeds up to a max of $25,000.00, there are no net proceeds so he gets 50% of zero (0). When you appear in the family court just tell the court you are currently under the protection of a federal bankruptcy filing, just have copies of the paper work along with the case number, the family court CANNOT PROCEED.
    Answer Applies to: Rhode Island
    Replied: 11/4/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Did your BR include him as a creditor? You have asked a very hard question which involves the intersection of federal law (bankruptcy) and state law (divorce). You must consult a lawyer in your locality who is well-versed in both. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 11/4/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    Amend your bankruptcy petition to include this debt. If he filed while you were in an active bankruptcy, he violated the automatic stay. Talk to your attorney.
    Answer Applies to: Kentucky
    Replied: 11/4/2015
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