If my ex-husband is filing Chapter 13 and I have a judgement against him for an unpaid property settlement, can he get out of paying me by filing?
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If my ex-husband is filing Chapter 13 and I have a judgement against him for an unpaid property settlement, can he get out of paying me by filing?
Asked on January 17, 2012 under Bankruptcy Law, Virginia
Answers:
Sanford M. Martin / SANFORD M. MARTIN, P.A.
Answered 12 years ago | Contributor
No. A Chapter 13 will enable him to eliminate some
debts and to pay the remaining debts over a 3-5 yr
period, depending on him income and debts. Certain debts, such as child support, cannot be
written off. Other debts, such as marital property
settlements also cannot be written off without
consent of the unpaid person. You are advised
to participate as a creditor in his Chapter 13 Plan
which is required of a Chapter 13 debtor.
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