Legal Question in Bankruptcy in Missouri

I was married 27 yrs and have been divorced 14 yrs. I am receiving alimony of $100/mo. My ex got himself into a financial bind and has filed bancruptcy and has included me in his request to stop payments. He grosses over $4000/mo. Can he legally dimiss the alimony? Do I need to appear at the hearing?


Asked on 11/20/09, 12:05 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

If you are correct that your ex is indeed trying to "write you off" in his bankruptcy, then merely appearing at the 341 Meeting isn't sufficient. You need to file an objection to his discharge of your claim. Can you do this yourself? Well--you are certainly allowed to try.

You might want to start by getting a look at the actual multi-page bankruptcy petition your ex filed, not just the notice the court mailed you. Different types of property and different types of debt are listed on different parts of the petition; these divisions are called "schedules." Alimony is a priority debt and is listed on Schedule E. These debts generally can't be discharged in bankruptcy, but must be listed anyway, and the creditors (you, in this case) receives the same notice from the court that other creditors (such as credit cards that your ex IS writing off) receive.

So, don't panic, but this situation definitely warrents further investigation, and probably a consultation with an attorney. Also, there are time limits to file any documents. Attending the 341 isn't a substitute for filing an objection, if one needs to be filed.

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Answered on 11/26/09, 11:47 pm


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