Ex does not comply with discharge order - options

[dmitchell]

My ex was discharge from CH 13 two years ago. The joint property that she placed into the plan was to surrender it (even though this was prohibited in the divorce), and listed the association as well.

I have received several letters from the ass'n and now an attorney letter stating they are going to foreclosure for non-payment of dues. The home has been in foreclosure for 2+ yrs with BOA (which I am defending).

Her discharge states "Debtor is responsible for paying all post-petition ongoing homeowners' assessments, homeowners' dues, and/or property taxes. The automatic stay shall not apply to these debts."

I wrote to the trustee some months ago and copied him the letter from the association. Heard nothing back.

My question is what direction to go? It seems the ass'n has no jurisdiction in this matter. I don't understand why the trustee would not take this up to enforce the judges order. What should I do??

Thanks in advance

[tigergem]

She's in contempt of court, so I guess you would have to file a motion, but whether that would be in BK court or in the District court, I am not certain.

I think you should read this article:

http://www.abiworld.org/committees/newsletters/litigation/vol4num1/Revoking.html

In Jordan v. Smith (In re Jordan), the District Court of Virginia clarified the standard for revoking a chapter 7 debtor’s discharge due to the debtor’s failure to obey a bankruptcy court order. In re Jordan, 2006 U.S. Dist. LEXIS 71077 (E.D. Va. Sept. 26, 2006) (Smith, J.). The opinion makes two things clear:

(1) bankruptcy court orders can form the basis for revocation of a debtor’s discharge, even those that might be considered by many as administrative in nature, and

(2) notice of such order and failure to comply is all that a trustee must prove to revoke the debtor’s discharge.

Oh I forgot to mention. My trustee told me that no matter what the rules say... he does not "do" most of the things it says a trustee "may do", either on behalf of the creditor or the debtor, most of the time. Her trustee may have the same policy. You will probably have to do this yourself.

[dmitchell]

I am not sure if this is "posturing" by the association's attorney...it's about $500 plus whatever nonsense fees they came up with.

I sent the trustee the previous letters. I have 45 days before they would file. But what also seems wrong is that the association was named in her bankruptcy (this house). My letter to the atty last go round was I sent the discharge order. The association was also noticed back when she filed. I would think they would know better (or maybe I am missing something). Wouldn't the association attorney be way out of bounds filing or threatening anything when (in my opinion), this matter falls under the jusridiction of the BK court...and they know this already???

Thanks for your input a million time over

[tigergem]

Not necessarily. If you are on the paperwork as a joint account holder or whatever, then you can and should expect any creditor to come after YOU. Her contempt of court does not alter your relationship with the creditor. Separate issues.

[dmitchell]

The saga continues...

So my EX writes the judge of the foreclousure court here and the judge is nice enough to write David Stern's office and askes them nicely to "speed up" the foreclosure....the judge recorded his and the several letters the ex has been writting since the summer. So, I need to stop this kind of "help."

Related to the BK, I wrote both the current judge assigned to her 13 and the cheif judge (who signed her discharge) a letter along with deeds recorded in the public record along with the leins for non payment of HOA fees (which she was to pay per the discharge). I sent them FEDEX along with a copy to the trustee. Well, what do you know, my letter is recored into the case and there is a notice of a Preliminary Hearing to "compel."

It doesn't say I need to be there but if I wrote the letter, and they, on their own accord, scheduled a hearing, I should probably be there out of (at least) respect.

What should I expect?