Legal Question in Bankruptcy in Utah
Court ordered payments
My girl friends ex-husband is going to file Chapter 7, her car is in her name but in the divorce he was ordered to make the payments. He is currently 3 payments behind and dropped this bankruptcy bomb on her. Can he declare this in his filing? What are her options?
Asked on 7/11/07, 6:39 pm
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Court ordered payments
Even though he files bankruptcy, he cannot discharge his obligation under the divorce court order to pay for the car. If she loses the car due to his failure to pay, then she can sue him for the value of the car, plus contempt charges and attorney fees. She will have to respond to the bankruptcy court notice, and advise the court of the divorce decree and order (she will need to send a copy of the decree to the court.)
Answered on 7/11/07, 6:52 pm
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