Legal Question in Bankruptcy in Indiana

Bankruptcy and Divorce Settlement

My ex and I were divorced in 1997. As a part of the settlement, I receive an amount of money from his pension each month until 3/7. I have received notice that he has filed bankruptcy as ''John Doe PDBA John Doe, Inc.'' which is the business that he started after our divorce. I am listed me as a creditor in this bankruptcy. We had a mortgage together on our house and I still reside in it. However, he Quit Claimed his interest to me as part of the divorce. My question is....can he discharge this court ordered payment from his pension and is my mortgage in any way affected by this?


Asked on 1/07/02, 6:26 pm

1 Answer from Attorneys
John Cook Dunn & Cook

Re: Bankruptcy and Divorce Settlement

The best thng to do is get ac opy of the schedules where your ex-husband shows you as a creditor. This will give you some idea on how he has classified his debt to you. if you are still on good terms with your ex, call him up and ask him for a copy of the pertinent schedules. If not, then go down to the bankruptcy clerk's office and give the file clerk the case number, and they will let you view the file.

I do not have enough information to advise you regarding the pension payments. Usually in a divorce, if one spouse gets part of the other spouse's pension, it is done by one transfer of assets from the one to the other. In your case, I do not know how the property settlement agreement treated the pension payments.

as for you mortgage, as long as you have been making the payments, the mortgage company will probably not care. it may contact you to determine if you are also filing bankruptcy or suggest you refinance and have the mortgage solely in your name.

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Answered on 1/08/02, 1:46 pm


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