Legal Question in Bankruptcy in New Hampshire
Exemption from Bankruptcy
I am divorced. Per our divorce decree, my ex and I were to maintain our previous home together that is in VT until it was sold. We both live in NH at this time.In Sept. of 2000 my ex began collecting the rental payments and did not send them in to the mortgager. He hired a Bankrupty lawyer with the monies. The property is in forclosure at this point. The property also is under agreement and we are currently in the process of awaiting agreement from the mortgager of a short sale. In May, my ex and I appeared in Court for a motion to enforce that I had submitted to force my ex to pay back the collected rental money that is half my. The court found in my favor and my ex was to begin payments of installments to me as of June 1. I have just received a Notice of Chapter 7 Banruptcy Case from my ex because he owes me this money per the findings of the Motion to Enforce. It states in the notice that I can file a complaint if I beleive that my debt is not dichargeable. Can you tell me if this debt ordered by the court is worthy of a complaint to the bankruptcy clerk? Thank you for your assistance in this matter.
Celeste C.G.Aiken
1 Answer from Attorneys
Re: Exemption from Bankruptcy
In general, bankruptcy law provides that property settlements may be dischargeable in bankruptcy but support payments are not. There is also a general rule that if granting your ex a discharge from obligations he has to you is a hardship to you or your children he may not be able to do so. You may want to retain a bankruptcy lawyer to help you figure out whether to pursue a claim, or even if the debt you seek to enforce is automatically exempted from being discharge; for instance, child support payments are simply not dischargeable without you doing anything in most cases
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