Legal Question in Civil Litigation in Florida

Claiming Bankruptcy to stall Small Claims process

I am a judgement creditor in a case against my ex spouse. The judge wrote in the FJ that debtor owes $5,000.00 per marital settlement agreement with 11% interest annually. To avoid a disclosure hearing she claimed she was going to file chapter 13. Has been 5 months since this claim and she has yet to file, @ every hearing they ask for a stay pending the outcome of ch. 13. How long can they get away with this? We called the atty who she claimed represented her, they said she hasn't filed yet. When asked she states she doesn't know how long it will take to get her info together to file the chapter 13. Until then, the judge has put a stay on our small claims case pending the outcome of her ch. 13. How long can this go on before we can show a judge she is just using the ch 13 to stall the case? Is there a way around the stay as we all know she can't write off a debts from a MSA?


Asked on 2/25/09, 4:31 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Claiming Bankruptcy to stall Small Claims process

It can go on as long as the judge says it can, but I agree with you that it seems clear she is stalling, especially given, as you've said, that MSA debts aren't dischargeable ("erasable in Chapter 7"). My personal opinion, for what's it's worth, is that the judge ought to let you proceed with your discovery of her assets until the day she files bankruptcy.

You should know that MSA debts can be turned into a payment plan in a Chapter 13, though, which might be to your benefit.

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Answered on 2/25/09, 10:24 pm
Scott Behren Behren Law Firm

Re: Claiming Bankruptcy to stall Small Claims process

You need to just start collecting on the judgment, wage garnishments and bank account garnishments are usaally effective. sounds like you are getting jerked aroudn.

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Answered on 2/25/09, 11:56 pm


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