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Illegal bankruptcy discharge of ex-spouse debt?

Started by Summer, Jun 14, 2004, 09:48:37 PM

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Summer

Divorced in 1996, after 3 year marriage.  I was awarded $$$  through divorce decree judgment for 'equity award,' supporting family while X went to grad school.

In 2002, as I had had no luck in collecting the debt, I had a collection attorney attempt to collect the debt.  X declared bankruptcy and my debt was 'discharged' the bankruptcy court. X did not identify me as an ex-spouse on the Chapter 7 bankruptcy - individual petition.  

In 2004, I discovered in the bankruptcy laws for Oregon, that debts to spouses and ex-spouses were not dischargeable. Section 523 of the US Bankruptcy code.  

Q:  How do I get that discharge null and void so that I can collect on the debt?

socrateaser

>Q:  How do I get that discharge null and void so that I can
>collect on the debt?

If you had notice from the bankruptcy court that you were listed as a creditor by the petitioner, and you failed to act to correct the court record at the time, then the debt is probably discharged, regardless of 11 USC 523.

I don't know whether there is any direct exception to the above for debts that would otherwise be nondischargeable.

What I DO know is, that if you never received notice from the court at the time the petition was filed (i.e., you are willing to testify thereto under oath), then you could move to have the case reopened on grounds of no notice and misrepresentation by the petitioner.

You can get a free consult from a bankruptcy attorney. They all give one free counsel.