Legal Question in Bankruptcy in Utah

I was awarded 2 judgments that total just over $15,000. against my ex wife who then filed chapter 13 bankruptcy. I filled out the paperwork and submitted a proof of claim and attended the meeting of creditors on Nov 28th. The confirmation hearing was Jan 5 (I was not present) & now I am not listed in "The Plan" at all (which was confirmed on 02/25). I should be listed as an 'Unsecured Claimant'. The plan has her paying $100. a month to the secured creditors only. I have called the Trustee's office (for the bankruptcy court) & am not getting any help. Can you advise? I believe I should submit paperwork to file an Objection or motion to have the stay lifted so I can do garnishments. I'm not sure how I should proceed. Any help would be greatly appreciated.


Asked on 3/05/10, 4:17 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If the judgments were part of a divorce decree you might be able to have them declared exempt from the bankruptcy proceedings. You can file an objection to the plan. You can also apply for relief from the stay, but if you are unsecured you will have to be treated in the Plan.

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Answered on 3/10/10, 9:00 pm


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