My ex-husband filed chpt13 in August 2011. In it he included the medical bills I submitted to him for our childrens medical bills he is required to pay 50% as per the divorce agreement. I understand that I cannot receive payment for those, but what about the ones I accumulated since June? Can he "amend" his bankruptcy to include the new ones?
Answer
There are several points to make here. First, regardless anything else, any post-petition debts (after his August bankruptcy filing date) are considered new bills that he should be paying. Second, there is a likelihood that any debts he was to pay pursuant to the terms of the divorce are not discharged in his bankruptcy. Finally, regardless that, since he is in Chapter 13, a claim in the case may have provided a great way to collect. You should work with an attorney to make sure that you collect everything to which you are entitled without violating any restrictions.
No comments:
Post a Comment