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    Laurette's Avatar
    Laurette Posts: 1, Reputation: 1
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    #1

    Jun 18, 2006, 07:12 PM
    What are my rights as a creditor
    My husband went bankrupt after our divorce. I had an order for him owing me 35k, he hadn't paid for over a year, then he went bankrupt. We had not worked out a payment plan or anything, I don't think he should have been able to go bankrupt, can I fight this 2 years later? Also, he has a trustee and a conditional discharge. The condition being he must pay me 17k. The trustee tells me that I will receive payment once he has paid the full amount. Should he not have to pay me periodically before that? Am I able to garnish his wages, he claims he is paying the trustee, but how do I know?

    Thanks for any help you can give me on this subject
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 18, 2006, 07:55 PM
    It appears he did a chapter 13 bankruptcy, you would have received notice of his intent to file and had a chance when he filed during various hearings to file varoius motions challenging his filing and also challenging the percentage you were to be paid.

    I would ask why you did not hire an attorney to contest this while it was in process ? You may or may not have a right to file or contest at this point, but you need a bankruptcy attorney to review all of this
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