Chapter 13 and Divorce Decree Debts

[McKinney]

What is the name of your state (only U.S. law)? Texas

I am in chapter 13, due to discharge in 2012 and I'm currently protected under a bankruptcy stay.
My ex husband is suing me for 2 credit card bills that I was supposed to pay that I could not pay (I had already paid 9,000 in other debts but found myself unable to keep up financially and went into chapter 13)
My divorce attorney told me that they are my exes debts until he takes his name and address off the cards and puts them in my name and changes the address to my address.
The divorce attorney also warned me not to pay him the money because the debt is payable to the credit card company--not payable to him.
My ex never let me see the statements and he kept the cards in his name and continued to use them.
Now he is suing me to for contempt of court and damages for not paying the bills. I can't pay them, I'm not refusing to pay them.
Also my ex is suing me for unpaid spousal support (about $2000).
I counter sued him for child support that he has not paid me (he is not in bankruptcy) about $5,000.

I thought I was protected against legal action for debts while my stay is in effect. My bankruptcy attorney said all they can do is try to get the stay lifted, but that would be unlikely to be granted without any material changes in my situation.

What are my rights in this situation and what is likely to happen in court next month?

 

[justalayman]

I thought I was protected against legal action for debts while my stay is in effect.

You are being protected. The actions can be filed but no action will be taken until they request and are granted the stay be lifted.

My divorce attorney told me that they are my exes debts until he takes his name and address off the cards and puts them in my name and changes the address to my address.

Say what? If the court ruled these are your debts, they are your debts. The question is; who do you owe the debt to? Since you are not contracted to the credit card companies and the courts cannot order such a contract, you owe your ex husband. He owes the debt to the CC company and he is who the CC company would sue if the account goes in to default. You have no liability to them.

My ex never let me see the statements and he kept the cards in his name and continued to use them.

So?

You owe whatever the courts determined and ordered. You do not owe what your ex is adding to the accounts.

Now he is suing me to for contempt of court and damages for not paying the bills.

seems like a proper action

I can't pay them, I'm not refusing to pay them.

Well, unless you hand over the money, you are refusing to pay them. The fact you do not have money is why you are refusing but you are still refusing.

The divorce attorney also warned me not to pay him the money because the debt is payable to the credit card company--not payable to him.

Really? What did your decree state concerning this? I would think the courts simply said the debt of whatever it was was your responsibility. Did the courts direct to whom you owe the debt to?

 

[McKinney]

Really? What did your decree state concerning this? I would think the courts simply said the debt of whatever it was was your responsibility. Did the courts direct to whom you owe the debt to?[/QUOTE]

In the division of debts on the decree, it said I was to pay the credit card debts that occurred before a particular date. It did not specify to whom the payments were to be made or how much. In all the other credit card debts, I paid the CC directly, not my ex. He did not make the bills available to me, so I didn't have the the ammounts or address where to pay.

To your point about the debts being payable to him, that would make him a creditor. He was listed as a creditor on the bankruptcy and he was notified, yet he never showed up at the meeting of creditors to make a claim--thereby forefeiting his right to protest and get paid out of the bankruptcy.
Bankruptcy law is federal law which supercedes civil/family law.

I know that I am responsible to pay these debts as per the decree, but I have passed a means test and determined to be unable to pay my bills and granted bankruptcy relief under federal law.

Because of the stay, I wonder if he has to wait until 2012 when the stay is lifted to come after me. My attorney said it was unlikely that the stay will be lifted because that would mean that the federal court would be conceding to a civil court and basically saying they were wrong to grant me a stay. With no material changes in my circumstances (e.g., I came into money through inheritance, for instance) the federal court won't lift the stay.

What is the probable outcome of this case if I cannot pay? It is my understanding that there is no debtor prison and that his opportunity to fight this was during the meeting of creditors.

Thank you for taking the time to read and reply.