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    jeffjnadeau's Avatar
    jeffjnadeau Posts: 4, Reputation: 1
    New Member
     
    #1

    Aug 23, 2006, 07:37 AM
    Bankruptcy
    I filed bankruptcy.
    I listed all creditors.
    The trustee had a meeting of creditors.
    My X- husband showed up contesting my having him on the list of creditors (it was not for spousal support, but some common bills)
    The Trustee threw him out as he was not very polite.
    My Bankruptcy was granted and all debtors were advised.

    My x-husband has taken me back to family court to contest my being granted bankruptcy.
    The local judge overruled the bankruptcy court and is holding me accountable for every dollar that was relieved through bankruptcy.
    My divorce was over 3 years ago.

    Can the judge do this?
    I'm being told no.
    If not, what Bankruptcy law# states that local can't override federal.
    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
    Expert
     
    #2

    Aug 23, 2006, 03:35 PM
    You need to appeal that decission,

    State court over turning a federal court decision.?
    jeffjnadeau's Avatar
    jeffjnadeau Posts: 4, Reputation: 1
    New Member
     
    #3

    Aug 23, 2006, 04:11 PM
    Thank you Father;
    I appreciate your good will and common sense thinking.
    I too am a practicing Catholic.
    I attend St. Tim's in Mesa, Arizona.
    Keep up to good work.
    Bless youl
    Jeff
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #4

    Aug 23, 2006, 04:20 PM
    If seems as if the state judge overstepped his jurisdication. Fr Cuck is correct appeal the state decision. That court clearly lack subject matter jurisdication in this matter.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #5

    Aug 29, 2006, 11:46 AM
    Was your husband a co-petitioner with you in the bankruptcy motion? If so, then you can't just simply add him even if some of the debts in question are joint debts. In that regard the family court judge was correct. However, the bankruptcy that was granted should still stand and protect you from any attempt on the part of creditors to collect from you, save for any debts that you may have reaffirmed. The family court judge does not have the authority to overturn a bankruptcy that was previously granted to you. However, since your ex-husband wasn't a party to the bankruptcy, those affected creditors with whom you had joint debts can still subjugate against him for the recovery of any monies owed, unless he files his own bankruptcy claim. Speak with an attorney and make sure you fully understand the nature of the ruling issued by the family court judge.

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