Legal Question in Bankruptcy in Massachusetts

Contempt for Bankruptcy

I underwent a divorce in 1996 in which both my ex and I were ordered to pay one half of the marital debt. The divorce was long and expensive due to a custody battle which I won. As a result of the expense of the trial, I had little money with which to pay any debt above normal living expenses. I subsequently went bankrupt discharging the debt. I am now being sued for contempt of court for not paying the one half. Doesn't such a suit constitute a breach of the discharge? Does my ex have a right to sue me?

I was never ordered to pay any monies directly to him, only toward the marital debt. He was notified of the bankruptcy hearing and did not attend. Nor did he make any mention of it until a year had passed. Thanks for your help.


Asked on 4/28/02, 1:52 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Contempt for Bankruptcy

If you received a discharge of the debt from the Bankruptcy Code then your ex can not legally attempt to collect the debt. You should review your bankruptcy filing to make sure the debt was properly listed and your spouse was given notice. If so, in your answer to the lawsuit you would need to include a copy of the discharge order and raise this as a defense to your ex spouse's claim. You may also be entitled to damages from your ex for violating the discharge provisions of the bankruptcy code. By receiving a discharge of the debt, you are no longer legally responsible for paying the debt.

Read more
Answered on 4/29/02, 10:04 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Massachusetts