received objection from wife's Trustee in Bankruptcy she filed

[miriam3249]

I responded to her filing bk because she owed me 30000 in divorce settlement
now her Trustee has filed objection stating she has no assets. I want to have my judgement left out of bk and maybe wage garnishment because she works full time........Is it total lose filing adverary proceedings with her have no assets????:

[despritfreya]

You did not give enough information.

What Chapter did she file?
Did your file a Proof of Claim?
Was the objection to the Proof of Claim? If not to the Proof of Claim then to what?
What was the real basis for the objection - in the words of the objecting party?

The more info you give the more likely you will get some answers.

[miriam3249]

trustee filed no asset

In this case she filed chapter 7 and trustee filed no assets, don't know what to do from here. Adverary proceeding? Any other suggestions?

[HHM]

If its a divorce settlement, that debt is not discharged in chapter 7.

You should probably speak to an attorney to clarify your rights specifically, but in general, debts that are part of a divorce decree and marital settlement are not discharged. There is nothing you really need to do. Once she receives her discharge and the automatic stay is lifted, you can proceed with collection.

However, if she was filing chapter 13, it would be a different story.

[tobee43]

yes, i agree with hhm....there are certain types of debts which are not dischargeable...one being debts that are domestic support obligations...i don't know if this would qualify understand that condition, but would see an attorney about it.

i also know my brother when thru this and filed bk and it did not relieve him of any obligation under the divorce agreement.