Non dischargeable divorce debt

[CoBelle]

Since BAPTA 2005, has anyone fought the non dischargeability of so called 'divorce debt' that was actually debts that an ex just said were owed (not part of the divorce settlement) many years after the divorce settlement ?

In my case I was supposed to pay X for attorney fees that he was awarded by bringing suit to reduce the amount he had to pay me in a divorce settlement (one example). These charges were to be paid with my share of proceeds from the sale of my home (that X owned 40% of) . X insisted that the house be sold for 1/3 its appraised value to a personal friend of his even though I offered more to buy out his share. ALSO, I let everyone know that at that low price there wouldn't be enough money to pay my homestead plus his 'lien'. But he insisted. So one affirmative defense that I think is valid is that he caused the nonpayment of this debt by insisting that the house be sold to the lowest bidder.

another defense might be fraud, as X took my entire homestead exemption (90k) which fully satisfied his lien BUT he is pretending that he never took that money, and that thus he is still owed.

Any case law where someone challenged the non dischargeable divorce debt in a Ch 7 would be much appreciated.

[CoBelle]

bump
Anybody? How bout an attorney who can litigate an AP?

[AngelinaCat]

Please send recommendations to this lady via PM.

Cobelle, you can also call the clerk of your BK Court and ask for recommendations. They deal with the attorneys every day and can tell you which ones are prepared, pleasant to deal with, etc., which are probably the ones they recommend, as opposed to the attorneys who are ill-prepared, and unprofessional, and unpleasant to deal with.

Good luck!

[justbroke]

If it's not in an order signed by the family court -- e.g. a divorce decree with accompanying settlement agreement -- it can't mysteriously become part of said divorce decree. Sounds like litigation is required since there appears to be some "non-performance" by the ex-spouse. This will cost money and you may not recover the money. I personally know a good friend that just spent over $50K on a divorce (on custody and settlement of property). That was my friend's costs alone. It's no fun.