Legal Question in Bankruptcy in Texas

RE: contractual alimony in bankruptcy

I filed suit against my ex for his stopping the payment of my contractual alimony. The alimony was for a specific amount over a specified time. The divorce degree stated that he was to keep, as security in case of his default,the amount owed to me in his retirement account.

Upon his non-payment of my contractual alimony payments I filed a motion, as per my divorce degree, for the FULL amount to be paid immediately. I placed an injuction on the money in the retirement account to keep him from removing the money. The money is there for him to pay me.

Today he called my attorney to state that he is filing for chapter 7 bankrupcy. I can only presume that he hopes that his retirement account is untouchable in a bankrupcy proceeding. His only other debt is a condo which he is leasing to a friend. He is a medical doctor but is not working and isn't seeking employment.

My question: is money in a retirement account which has been used as security for unpaid alimony untouchable in a Chapter 7 filing? Will his unemployment be a factor in determing if I get my money since the remainder of his retirement will be wiped out after he pays me?


Asked on 10/03/01, 9:35 pm

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: RE: contractual alimony in bankruptcy

If you have a valid lien on his retirement account the bankruptcy will not terminate your lien. You will have to file a claim in the bankruptcy and will probably be required to litigate the issue. Larry Maun 713.266.2560

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Answered on 11/21/01, 3:44 pm


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