Legal Question in Bankruptcy in Florida

I am filing Chapter 13. Will I be allowed, at the Meeting of the Creditors, to show PROOF that most of the bills I am filing on, I do not owe at all.

For example: My ex-wife is stating (amongst other things) that I owe $5800 in past medical bills for my children for the years 2003 and 2004. She has a judgement for this amount dated 2005. I have a cancelled check from 2003 showing that I had already paid her the 2003 medical. I also have Explanations of Benefits from my health insurance company that they have also paid these bills for both 2003 and 2004. These bills were paid directly to the providers (Drs.)


Asked on 2/01/10, 11:46 am

2 Answers from Attorneys

Kelly Papa Law Office of Kelly Papa

Yes, but you should also put that in Petition and accompanying schedules.

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Answered on 2/07/10, 5:15 pm
Robert Wilcox Wilcox Law Firm

Normally the answer is "yes", but in this case the existence of the judgment means the answer is probably "no".

A creditor is required to file a "Proof of Claim" stating the amount that the creditor alleges you owe.

Ordinarily a Debtor may object to a claim after the creditor files it. This does not happen at the Meeting of Creditors. The Debtor must file an Objection supported by an affidavit with the Court and allow the creditor the opportunity to respond to the Objection. A hearing may be required.

In this case, if the state court has already entered a judgment as to the amount owed, your ex-wife can defeat your objection by asserting that the state court already ruled on the issue. In that case, the federal bankruptcy court will not disturb the ruling of the state court (in part for constitutional reasons). You may be able to work around that by asserting that the debt was satisfied by other amount you paid her, but it is probably an uphill battle. You presumably had the opportunity to contest the state court finding, and if you did the federal court will not allow you to relitigate the issue. This is especially true with regard to domestic support issues, which enjoy special treatment under the Bankruptcy Code.

You cannot contest a debt in the Petition or schedules. You should list the amount that you think you owe (if any) and then deal with the claim as it is filed.

You should discuss this with your attorney.

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Answered on 2/08/10, 6:49 am


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