Legal Question in Bankruptcy in Washington

Bankruptcy

My spouse, from whom I am separated, declared Cjapter 13 several years ago, claiming maintanance ordered in the separation agreemment but never paid. Can I at this point ask to be listed as a creditor for amounts owed but not paid. What will happen if I call the bankruptcy trustee and inform him of the fact that altough my maintenace was claimed as an exemtion but never paid to me?


Asked on 6/29/07, 2:42 pm

1 Answer from Attorneys
James Vasquez In Pacta, PLLC

Re: Bankruptcy

The simple answer to your question is that maintenance or child support obligations are not dischargeable under the bankruptcy laws, therefore your spouse is still required to pay it to you. It doesn't matter whether he listed it in the bankruptcy petition or not. I would contact both the trustee, and, depending on whether he is also paying child support, to Washington DSHS/DCS. Additionally, your husband may be in contempt of the court order which required him to pay, thus you may also have the right to file a motion for contempt in family court against him for non-payment.

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Answered on 6/29/07, 3:33 pm


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