...Creditor in an AP

[trastaff]

to make a very long story short....
divorced 12 years ago but ex-husband took me back to family court 5+ years ago to modify our original agreement (mostly child related). He was extremely vicious in family court and continued to find himself in contempt (which he still is due to financial obligations). This went all the way to the state supreme court of appeals......and he continued to lose! I did represent myself some - and had an attorney do some due to the extent of the case. I was awarded attorney fees twice - plus interest due to his lack of payment. The last time we were in family court was approx 1 1/2 years ago(due to him being in contempt)...at which time he had quit his job and threatened he would file BK before he became employeed again to avoid paying me the attorney fees.
So, he did just that in January. I was aware that he had a job by mid Feb. I decided to give him a few months and then at the beginning of May I filed contempt once again on him.
In mid May I received a "Discharge of Debt" (Ch 7) notice from US BK Court on him. I wrote a letter to the US BK Court notifying them that I had not received a "notice to CREDITORS" and wished for the case closure to be delayed.
The US BK Court automatically turned this into an AP (I did NO paperwork) and requested an answer from him within 30 days. He obviously wrote a motion to close the case.
We now have a hearing on Sept 11th. I am uncertain as to what this hearing will consist of. I looked at the docet calendar and there are 7 cases scheduled that day along with ours at 1:30.....
Any ideas on what type of hearing it is?
Any good links on representing yourself pro se as a creditor in an AP?

Would appreciate all help....very familiar with family court but don't have a clue in BK court!

[soleprop]

i'm sorry i don't know much in regards to what you've asked, but it did strike me that he seems to have malevolent intent regarding his debt to you which is likely why you will do well in the AP; if he told you he quit his job and would file bk just to avoid paying you, that's not going to fly well in bk court, i'd think.

good luck!

[JRScott]

Child Support is not a dischargeable debt.

[krielly]

I got this impression that this was attorney's fees....not child support that he owed.

[JRScott]

Well I do believe the attorney's fees could be waived but I got the impression the reason they keep taking him to court is he keeps not paying Child Support. We'd need more clarification I guess from the OP.

[HHM]

The attorney's fees in a divorce decree or other domestic order are an interesting issue. On the one hand, debts that are required to be paid as part of a divorce decree cannot be discharged. This is what I mean: wife divorces husband; the husband is ordered to pay the the joint AMEX in the divorce decree; husband declares BK. Husbands direct liability to pay the card "to AMEX" is discharged (i.e. the liability of Husband vis-a-vis AMEX is discharged), but the husbands liability to his "ex wife" to pay the AMEX is NOT discharged.

The court order probably needs to be carefully worded such that the liability for attorney's fees is that of the wife and the husband is simply ordered to pay it; in that circumstance, the debt is probably non-dischargeable. But if the order is worded such that the husband is directly liable to the attorney for the fees, it may be dischargeable.