I have a question about bankruptcy and debts after being discharged.?
I am divorced and remarried, ex-husband is also remarried. My husband and I had to file chapter 13 back in 2004. March 2007 we were discharged from bankruptcy. My exhusband says that he had to pay what I didnt pay on those bills I threw into bankruptcy. He now says I owe him over $11,000. and wants me to pay it back to him. In the meantime I am taking him to court because he owes the kids $28,000+ in back child support. So what he proposes is that we negotiate by subtracting the $11,000 from the child support he owes the children. Is it possible that the creditors went after him for the bills I threw into bankruptcy, also, I live in a community property state.
Answers:
The general rule is that NOTHING is offsettable against child support.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
You should probably go see your attorney.
~It's possible - but only if his name was on "it" - meaning: the car note, morg., credit card...
Ask your Lawyer (the one that handled your Bankruptcy - to be sure.)
AND, ABSOLUTELY ask for receipts from your ex - to PROVE that he really DID pay those bills! They very well may have come after him for the money - but that DOESN'T mean that he paid the bills!
I agree with MLaw. There is no offset against child support.
In a Chapter 13, many of the debts are "crammed down" with the creditors receiving pennies on the dollar. The debtor is then discharged. If some of the creditors were able to convince your ex-husband to reaffirm some of that debt after you have been discharged, it is his obligation and not yours.
You need to work with an attorney on the child support issue. Make sure he knows about the matter of these debts your husband claims you are liable to reimburse him for.
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