Legal Question in Bankruptcy in Virginia

repayment of chapter 13

My ex and I filed chapter 13 since then it has been discharged. I repaid all the debt myself. My question is can I sue my ex for half of the debt?


Asked on 3/21/06, 12:49 pm

1 Answer from Attorneys

James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: repayment of chapter 13

I am not sure if I understand your question. After you complete all your payments under a chapter 13 plan, you receive a discharge from the court. Your case may be dismissed for a number of reasons, including failure to make your plan payments. Ordinarily, you would not repay debts that had been discharged in bankruptcy, unless a lien existed on property you wished to keep. Was your chapter 13 case dismissed or did you receive a discharge? When you say you repaid the debt do you mean you alone made the chapter 13 plan payments or your repaid joint debts outside of bankruptcy? You must have been married when you filed a joint case, when were you divorced? Were this debts addressed in your divorce?

Virginia recognizes a right of contribution between parties who are jointly liable on a debt. When one of several parties liable on a common debt satisfies that debt for the benefit of all parties, the party who satisfied the debt is entitled to contribution from the other parties for their proportionate shares.

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Answered on 3/21/06, 2:34 pm


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