Legal Question in Bankruptcy in Florida

Discharge of a judgemnent awarded in a divorce decree

I obtained a Money judgment from a default judgment of divorce in 2002 issued in the state of Michigan. I was working with the help of a colletion attorney but my ex-husband has been able to thwart collection attempts and just filed Chp. 7 Bankruptcy in the state of Florida. The Collection attempts had to stop, but I filed a claim with the Federal Bankruptcy Court since my divorce decree states that the money judgement awarded me may not be dismissed in banckruptcy court. I received a letter that says his debt has been discharged. I do not understand how this can be with the judgemt I was granted in court. It's just not right that he can just walk away with no repercussion. I don't have money for a lawyer, and feel my rights have been violated. Do I have any recourse?


Asked on 3/23/05, 2:49 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Discharge of a judgemnent awarded in a divorce decree

This discharge was only to dischargeable debts. To provide you with a better reply, I would have to review the entire file. Did you or your attorney do anything except file the proof of claim? If you wish to follow up call me at 305 940-8080.

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Answered on 3/23/05, 3:05 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Discharge of a judgemnent awarded in a divorce decree

Generally, only child support and alimony are non-dischargeable debts with respect to a divorce judgment.

Good luck.

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Answered on 3/23/05, 3:41 pm


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