Harassment by ex-husband/creditor???

[kari1923]

My ex-husband filed and received a default judgment against me because I didn't respond to the notices (knowing I was filing bankruptcy). My ex-husband was included as a creditor in my bankruptcy. The problem is that he is emailing me and stating that I cheated him out of his money (another story, of course) and now he is demanding (through text message) the telephone number of my bankruptcy trustee. Is there anything I can do?

[AngelinaCat]

Kari, welcome to the Forum, but I can tell you that you should have responded to the court summons. You could have delayed that process by probably sixty days at least, if you had responded.

But that is neither here nor there now. The question NOW is, have you filed BK, and if so, what chapter?

[despritfreya]

Knowing you were filing and you actually filing are 2 different things. He had the absolute right to continue in the litigation until such time as you actually filed. Any judgment entered after you filed bk is “void” but he still has a claim against you. Once you actually filed you (actually your attorney) should have immediately filed a “Notice of Bankruptcy Filing” in the State Court matter with a copy sent to him.

As to the name and number of your attorney, give it to him. Besides, you state you listed him in the bk which means he's on the mailing matrix and will receive the notice issued by the Clerk in a few days. This notice gives him the attorney information anyway.

Lastly, since you are now in a bk your attorney should be sending him a warning not to contact you as such communication is a violation of the Stay. Keep verifiable evidence of all future contact just in case you need to file something in the bk court to stop him.

Des.

[AngelinaCat]

Thank you Des. I was hoping you would come on and say exactly what you said. Thanks again!!!

[despritfreya]

Thank you Des. I was hoping you would come on and say exactly what you said. Thanks again!!!

Your welcome.

Got to go now. . . at least for a while.

Des.

[DesdemonaB]

Hi Kari1923
Was the judgment for unpaid property/cash settlement due to the divorce? If it is, is it listed in the divorce decree? Is it a dischargeable debt?

If you listed him as a creditor he should have receive a notice of BK case, Meeting of Creditors and Deadlines which lists your trustee, so there is no need for you to respond to him. If fact you can refer him directly to your lawyer as politely as possible.

This is pure opinion… Even if he attempted to contact the UST I believe he wouldn’t get any respect or even response as I find it hard to believe a UST would speak to him as a creditor unless they the UST wanted information and called him first.

You can bet he will show up at the 341, be completely honest with you lawyer provide him copies of the divorce settlement and be up front as much as possible with the lawyer so he is not caught off guard at the 341. Remain calm and let him rant and rave as I doubt the UST will allow it.

As an Ex to another Ex try to keep remain calm around him; you lose it he can use it against you, you know your reasons for filing and you don’t have share.

If all else fails have your lawyer remind him of the automatic stay and any attempt to “collect” or communication with you can be view as a violation the BK code and he can be penalized.

Good luck

[kari1923]

Thanks so much for the warm welcome!

I am clearly new to this forum and I apologize for the lack of detail. I'll try to answer all of your questions. The judgment is post-divorce which was final in 2008; my attorney(s) feel it is completely dischargable.

I filed Chapter 7 on March 2 and had my 341 meeting on April 8th. I was advised by my attorney NOT to respond to the summons.

Ex-husband did not attend the 341 meeting...here is my understanding of why: The address I gave to my attorney of my ex-husband, was only his physical address. I did not know he didn't receive mail at this address, so he wasn't notified via the mailing matrix with the other creditors. I do not believe he actually found out about my bk until AFTER my 341 hearing, when my attorney sent him an email.

My attorney situation is a mess...the firm I am working with has a lot of problems and three people that have worked on my case are no longer with the firm. Unfortunately, I do not have a lot of confidence in their ability to handle this situation anymore

So...that's the short story. My ex-husband DEFINITELY knows that I filed bankruptcy yet he continues to email and text me regarding this "debt."

[despritfreya]

kari,

Questions. . .

1. What court did the ex file the suit in. . . Family Court, regular Superior Court or a Justice Court? Look at the 1st 2 initials on the Case Number (FC or CV or CC). Regardless of which court a Notice of bk filing should be filed. This will stop any further action by the Judge as it does not sound like this is a matter of “establishing custody or support”.

2. Did you updated the mailing matrix to include the ex's correct mailing address? If not, you should so he gets a copy of the Discharge when it is issued.

3. Did your attorney send him a Notice of the 341 Meeting? The Notice has certain dates on it such as the time in which to file a "523 Complaint". Arguably the failure to "notify" is not an issue especially since he found out about the bk around the time of the 341. That gave him enough time to discover the deadline for filing the 523 Complaint (if he was going to) which is no later than 60 days after the 341. Sounds like your 60 days has already or is about to expire so, if he fails to file anything and we are not dealing with a claim that arises out of a divorce decree (non-dischargeable in a Chapter 7 per 523(a)(15)) he is blowing smoke.

If the ex is still contacting you, document it and then ask your attorney to seek sanctions against him for violation of the Automatic Stay.

Des.

[kari1923]

Thank you, Des.

1. He filed in a Justice Court. According to my attorney, a notice of bankruptcy was sent to the court.
2. I do not know if the mailing matrix was updated, but I wouldn't be surprised if it wasn't done. Is that something I can do? Or should my attorney do it?
3. I do not know if ex was sent Notice of 341 hearing, but again, I wouldn't be surprised if it wasn't done.

I think 60 days may actually be today! If a complaint hasn't been filed by now, it can't be done? That would be good news and I would breathe a bit easier. He is a piece of work

I will definitely document and ask my attorney to file sanctions if necessary, though unfortunately, I doubt that will get done Can I do it myself?

I have one more question...I have read about filing a motion to vacate the judgment. Is that something I should do?

Thanks so much for your help...very much appreciated!

[despritfreya]

In response to:

I do not know if the mailing matrix was updated. . . Is that something I can do? Or should my attorney do it?

Your attny should do it as it is done electronically through ECF.

I think 60 days may actually be today! If a complaint hasn't been filed by now, it can't be done?

For creditors who got proper notice, no. . . once the deadline passes it is over. Your ex could argue lack of notice but so long as your attorney has proof of notice (I think you said it was an e mail) you would have a defense to any attempt to "extend" the deadline.

I will definitely document and ask my attorney to file sanctions if necessary. . . Can I do it myself?

Yes you can but it is always better to use an attny for such matters.

I have one more question...I have read about filing a motion to vacate the judgment. Is that something I should do?

If the judgment was entered after you filed it is simply "void" pursuant to In re Schwartz and you should be able to get the State Court Judge to vacate it by filing a Motion to Vacate Void Judgment. Ask your bk attny for the "cite" to Schwartz as I am having a senior moment and cannot locate it on my computer. Maybe your bk attny will draft a simple Motion for you to file.

Des.

[kari1923]

Thank you so much for your help! I am grateful