Needles, CA Bankruptcy Law Firms & Lawyers

If you qualify, you can change your 13 to a Chapter 7, by filing a "conversion." Call your attorney, make an appointment, and bring in evidence of new income and medical expenses. It may cost you some more money in attorney fees but if you qualify to convert, it will be worth it.

You need to speak with your attorney. There is a good chance that the debt was discharged; however, there are a number of factors that go into the analysis and it would be inappropriate to attempt to do it here.

Dear Ms. Thomas,      The interaction between Family Law and Bankruptcy is a quagmire. There are a million possible permutations, and not all are actually covered by the Bankruptcy Code. I know that this is not your question but there is no question, under 11 U.S.C. § 523(a)(5), that domestic support obligations are not dischargeable in a bankruptcy proceeding. That provision, however, does not cover your situation - it only says that if you filed bankruptcy, you could not discharge the obligation to the ex-spouse. Next, one would look at 11 U.S.C. § 523(a)(15) which provides that the following type of obligation is not dischargeable: "to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit". That provision may protect the over-payment from being discharged. With respect to the fraud exception, it may not be applicable to your situation. Is it wrong that she is retaining the money? Absolutely. Is it fraudulent? Maybe not - she's not doing anything to encourage or entice your employer to continue paying her. You need to consult with a bankruptcy attorney, but not a consumer bankruptcy attorney. You need to find a firm that represents creditors, and hire them to research the applicability of § 523(a)(15) to overpayment of support. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."