Legal Question in Bankruptcy in California

My ex-husband was court ordered to pay my monthly Cobra bill & reimburse legal fees. As he did neither, I paid to have a wage garnishment put into place. After receiving payments thru wage garnishment for several months, my ex-husband filed for bankruptcy in Ventura County, CA. As a result, my wage garnishment ceased.

What are my options to have the payments begin again?


Asked on 12/20/10, 1:56 pm

1 Answer from Attorneys
L. Jed Berliner Berliner Law Firm

If it's a Chapter13, your ex will not get a discharge without having paid you in full for COBRA and related attorney fees. That does not help you today.

If it's a Chapter 13 and your issue is the attorney fees or unpaid past COBRA, then you need to file a priority claim with the bankruptcy court and object to any Chapter 13 plan that does not pay you.

If it's a Chapter 13 and your issue is present and future COBRA, you need to object to the plan as being unfeasible since you are not being paid.

If it's a Chapter 7 case, then COBRA and related attorney fees are not stayed or discharged and the wage garnishment should have stayed in place.

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Answered on 12/27/10, 7:03 am


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