Legal Question in Family Law in California
I have been divorced for one year. MSA has child and spousal support tied up in sale of family home. Ex has now declared CH 11 bankruptcy. 3 parties hold liens on equity value of home now being sold, bankruptcy court says I'm unsecured and will be first priority. It looks like zero money left after secured creditors paid. Do I have any rights? I have not received a dime.
2 Answers from Attorneys
The bankruptcy does not affect your right to collect support. Your rights on enforcement depend upon the contract. You need to have that contract reviewed. E-mail or fax me a copy of the contract and I can give you a much better answer. Good Luck, Pat McCrary
I agree with Mr. McCrary. Support judgments are not dischargeable in bankruptcy, and the only effect of the bankruptcy may be to delay your enforcement.
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