Sorry this is so long. I'm hoping you'll take the time to read it! I've tried to include all the facts I believe are legally relevant.
To frame the question, my objective is to avoid being paid the $9116.54 I'm owed in alimony arrearages over the next 5 years without interest. I would consider it a successful result if1) I was awarded interest on the amount my ex owes or 2) I was given relief from the plan or objected to confirmation forcing him into a Ch7 so I could garnish his wages at 50%, levy his tax returns, and levy his $13K ring.
In May of 2009, I got a judgment enforcing a separation agreement between myself and My ex for me to recieve lump-sum alimony to support me during the last year of school. In my state a judgment automatically places a lien against all realty and personalty of the judgment debtor. I did not record this judgment on the general execution docket until November 4, 2010 when a Fifa was issued and recorded.
My ex made regular payments until December 2009 when he stopped making any payments. In January he filed a complaint for modification of alimony based on changed circumstances, alleging that he couldn’t find enough work and his expenses were too high to pay the debt. In support of the complaint my ex filed a Domestic Relations Financial Affidavit which showed that he had a negative income every month. Relying on this evidence, the Court did not order him to make payments and we began litigating the issue.
During our marriage we bought a 2009 Nissan Altima with our joint assets. We paid $15K down and financed about $5K. Less than a year after buying the car with our money, my ex cheated on me and we got divorced. His bad acts are partly why my ex and I agreed to alimony in the first place. In February he claimed he still owed $4500 on the car (which I doubt since that was the original principal before any payments). After February my ex got rid of the car. I don’t know if he sold it or gave it to his wife or otherwise, but my ex no longer has the car. NADA currently values the car at $15K. Even if he still owed $5K on the car, my ex should have gotten $8K-10K in equity, which I had superior rights to as a judgment creditor with a lien on his personalty (including the car).
Additionally, in February 2010 my ex purchased a diamond ring for $13K. My ex did not disclose this purchase to the Court at later hearings or in his February Domestic Relations Financial Affidavit. I don’t know where my ex got the money to buy the ring (it is possible my ex used the Nissan’s equity) but in his November 30, 2010 Ch.13 bankruptcy plan, my ex only owes $3K on the $13K ring.
In May 2010 I appeared at Court for a hearing on the modification and his attorney informed me that My ex was out of town. His lawyer told me that I should settle because My ex has no money and that he sent My ex to a bankruptcy attorney. I later found out that my ex was out of town because he paid $3K-$4K for them to take a cruise. Then in August 2010 he purchased a 2010 Honda Accord Crosstour for $26K.
In September I filed a complaint for contempt. At the hearing, my ex testified that he had no money to pay my judgment and that he had already seen a lawyer about filing bankruptcy. On cross-examination, he admitted that he has been insolvent since February 2010. The court ordered mediation which was unsuccessful.
On November 30 he filed for Ch13 bankruptcy. His schedule E shows that he and his wife owes myself and another person $11,000 in arrears (though I have a Fifa showing my arrears to be $9116.51 rather than $7500). Despite acknowledging he has domestic support obligation arrears, my ex does not make any allowance to pay those arrears through the plan.
I find the following facts should support relief but I cannot find any on which law to base my claim:
• My ex has told myself and the Court, under oath and otherwise on several occasions that he is broke and has no money to pay the judgment against him. Yet my ex got equity for the Nissan, bought a $13K ring, paid for 2 cruises at $3K-$4K, and bought a new car at $26K. Is this fraud?
• My ex has not accounted for the equity in the Nissan. He may be hiding it or already used it. As a judgment creditor I had a lien against that vehicle. Is there a way for me to recover the money he got for the car? Was his usage of the funds a bad faith attempt to delay, hinder, or defraud me as a creditor?
• The law says Ch13 creditors should get in a Ch13 what they would receive in a Ch7. In a Ch7 I would get to levy his assets, garnish his wages, and otherwise get my money much sooner. Is that sufficient grounds to stop the Ch13 confirmation?
• When we divorced my ex was debt-free. After our judgment, he incurred all the debt he has today and all the assets my ex claims as exempt. Can I get the trustee to avoid this as a preference?
• My ex bought the ring, the car, and the cruise knowing he was insolvent and insisting to the Court that he was unable to pay the judgment. Is incurring this kind of debt while one knows they cannot afford them bad faith?
To frame the question, my objective is to avoid being paid the $9116.54 I'm owed in alimony arrearages over the next 5 years without interest. I would consider it a successful result if1) I was awarded interest on the amount my ex owes or 2) I was given relief from the plan or objected to confirmation forcing him into a Ch7 so I could garnish his wages at 50%, levy his tax returns, and levy his $13K ring.
In May of 2009, I got a judgment enforcing a separation agreement between myself and My ex for me to recieve lump-sum alimony to support me during the last year of school. In my state a judgment automatically places a lien against all realty and personalty of the judgment debtor. I did not record this judgment on the general execution docket until November 4, 2010 when a Fifa was issued and recorded.
My ex made regular payments until December 2009 when he stopped making any payments. In January he filed a complaint for modification of alimony based on changed circumstances, alleging that he couldn’t find enough work and his expenses were too high to pay the debt. In support of the complaint my ex filed a Domestic Relations Financial Affidavit which showed that he had a negative income every month. Relying on this evidence, the Court did not order him to make payments and we began litigating the issue.
During our marriage we bought a 2009 Nissan Altima with our joint assets. We paid $15K down and financed about $5K. Less than a year after buying the car with our money, my ex cheated on me and we got divorced. His bad acts are partly why my ex and I agreed to alimony in the first place. In February he claimed he still owed $4500 on the car (which I doubt since that was the original principal before any payments). After February my ex got rid of the car. I don’t know if he sold it or gave it to his wife or otherwise, but my ex no longer has the car. NADA currently values the car at $15K. Even if he still owed $5K on the car, my ex should have gotten $8K-10K in equity, which I had superior rights to as a judgment creditor with a lien on his personalty (including the car).
Additionally, in February 2010 my ex purchased a diamond ring for $13K. My ex did not disclose this purchase to the Court at later hearings or in his February Domestic Relations Financial Affidavit. I don’t know where my ex got the money to buy the ring (it is possible my ex used the Nissan’s equity) but in his November 30, 2010 Ch.13 bankruptcy plan, my ex only owes $3K on the $13K ring.
In May 2010 I appeared at Court for a hearing on the modification and his attorney informed me that My ex was out of town. His lawyer told me that I should settle because My ex has no money and that he sent My ex to a bankruptcy attorney. I later found out that my ex was out of town because he paid $3K-$4K for them to take a cruise. Then in August 2010 he purchased a 2010 Honda Accord Crosstour for $26K.
In September I filed a complaint for contempt. At the hearing, my ex testified that he had no money to pay my judgment and that he had already seen a lawyer about filing bankruptcy. On cross-examination, he admitted that he has been insolvent since February 2010. The court ordered mediation which was unsuccessful.
On November 30 he filed for Ch13 bankruptcy. His schedule E shows that he and his wife owes myself and another person $11,000 in arrears (though I have a Fifa showing my arrears to be $9116.51 rather than $7500). Despite acknowledging he has domestic support obligation arrears, my ex does not make any allowance to pay those arrears through the plan.
I find the following facts should support relief but I cannot find any on which law to base my claim:
• My ex has told myself and the Court, under oath and otherwise on several occasions that he is broke and has no money to pay the judgment against him. Yet my ex got equity for the Nissan, bought a $13K ring, paid for 2 cruises at $3K-$4K, and bought a new car at $26K. Is this fraud?
• My ex has not accounted for the equity in the Nissan. He may be hiding it or already used it. As a judgment creditor I had a lien against that vehicle. Is there a way for me to recover the money he got for the car? Was his usage of the funds a bad faith attempt to delay, hinder, or defraud me as a creditor?
• The law says Ch13 creditors should get in a Ch13 what they would receive in a Ch7. In a Ch7 I would get to levy his assets, garnish his wages, and otherwise get my money much sooner. Is that sufficient grounds to stop the Ch13 confirmation?
• When we divorced my ex was debt-free. After our judgment, he incurred all the debt he has today and all the assets my ex claims as exempt. Can I get the trustee to avoid this as a preference?
• My ex bought the ring, the car, and the cruise knowing he was insolvent and insisting to the Court that he was unable to pay the judgment. Is incurring this kind of debt while one knows they cannot afford them bad faith?
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