Refugio County, TX Bankruptcy Law Firms & Lawyers

It depends what type of bankruptcy you file and why type court ordered payment it is. If it is a support payment, such as child support, spousal support or alimony, no bankruptcy can discharge this obligation. However, if it was a property settlement or debt division order then those can be discharged in a chapter 13 bankruptcy after plan payments have been concluded.

It sounds as though you are a defendant in a civil case and a co-defendant filed a bankruptcy petition. If you need his testimony to prove your case, you should be able to take his deposition before trial and to subpoena him as a witness at trial. You cannot pursue him for whatever he may owe you because of the bankruptcy stay, but asking him questions under oath to prove your defense is not prohibited. If in doubt, make a motion in the Bankruptcy Court for permission to subpoena the debtor in your civil case. I hope you are represented by counsel in your case. If not, and if it is important for you to prevail in defending the case, you might want to hire a lawyer while there's still time. Hope this perspective helps.