Dicharged?

[325Falcon]

Is it true that any debts listed on a chap-7 petition are discharged if said listed creditors do not file any objections and the fliler goes on the be granted a discharge?

[FreshLikeADaisy]

Pretty much, unless the debt itself is non-dischargeable anyway, like student loans, taxes, child support, etc. Also, if it is secured debt, the issue of the collateral comes into play as well. But outside that, if the creditor was duly notified and misses the 60 day timeframe, it will be exceptionally difficult for them to ever do anything about it: they overslept.

Does that help? Maybe someone else can throw in any possibilities I overlooked, but that's my understanding of it. Good luck!!!

[325Falcon]

I am trying to figure out if a debt to the VA is dischargable.

Its not a tax or a judgement its a debt from a VA home loan guarantee where the loan was defalted on and the home foreclosed on.

[FreshLikeADaisy]

Long story short.

X-Wife had a VA loan guarrentee back in 89 both her and I where on the mortgage but the VA certificate was hers and hers alone. We where divorced in 97. She filied chapt7 in 03 and was discharged. The house was forclosed on in 97.

The VA came after her for a certain amount of money to cover what they had to pay out to the bank. In 04 she turned around and came after me for half of what she owed the VA. I was ordered to pay her that amount and I did. She never brought up her BK.

Now I check pacer and see that the VA is listed on her petition for the exact amount the she claimed she was liable for. I dont see any objections to her discharge and the VA was notified of her discharge.

Is it safe to assume that the VA debt was discharged. If so it seems to me she failed a false claim against me and I should have recourse to go after her to get the money that I paid her back.

Any thoughts?

Falcon, I saw your other post on that (quoted above for clarity), and it seems disingenuous at best that the ex would file bk on it, have it discharged, and then get you to pay the same exact amount. And I do think it's safe to say that unless you saw something to the contrary in her filing, every dischargeable debt listed on her petition was successfully discharged.

But the real question seems to be whether you have a legal "leg to stand on" to go after her for filing a false claim against the bk estate. I don't think so. Against you, yes, but not against the bk, according to the dates you've given. It was apparently a valid debt when she bk'd it, but already discharged when she came after you for it, so whatever fraud she committed was against you (and possibly the court that ruled against you) and not her bk.

But it may not be worth your while to go after her, especially since it's all so old. I personally would think that any SOL involved has probably expired, but I don't know. Honestly, if you're determined to go after her, go see an attorney. Even if it's going to be small claims, you can get an atty to tell you whether it's worth pursuing her for. To me, anything involving a divorce always seems so messy when you get to fighting over it in court that I almost see it as walking into a black hole: I can't imagine trying to do it myself.

Me, I'm always so grateful to have losers out of my life that I consider any monetary losses to be a small price to pay for the peace and ease of having them gone. But that's just me, and it sounds like you feel differently, which I can also understand: she seems quite [eh, not someone I'd want to know, I'm sure you have adjectives of your own ] if she does this kind of thing. To twist a George Carlin quote, I wouldn't touch her with *someone else's* uh, atty....

So I guess the real question is: is it really worth it to you to pursue this, even though you were clearly defrauded and lost good money? Is it worth it to pay again and engage her in yet another battle, with all the requisite nastiness involved? Only you can decide.

Best wishes to you!!!