Legal Question in Bankruptcy in Texas
Options for Collecting a Judgement Prior to Bankruptcy
I am in the final process of divorce and received a judgement in family court against my soon to be ex husband for nearly $28,000. I know his intention is to declare chapter 7 once the divorce is final. Is there anything I can do to collect this debt before his BK becomes final?
2 Answers from Attorneys
Re: Options for Collecting a Judgement Prior to Bankruptcy
Have you talked to your divorce attorney about this? If you don't have an attorney, it would be in your best interest to consult with one who handles family law BEFORE your divorce is final.
Re: Options for Collecting a Judgement Prior to Bankruptcy
It depends upon what the judgment is for. If it is a property settlement, those judgments are usually dischargeable. If the judgment is or can be characterized as a support or alimony obligation, then the debt is usually non-dischargeable. Additionally, some debts that are characterized as property settlements may actually be recharacterized as support obligations.
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