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Divorce settlement and BK

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kdowd771

Member
What is the name of your state? TX
I recently got my divorce FINALLY done after 2 stinking yrs. I had to file a Chpt 13 05/03. Have been making payments since Aug 03 and all is current on the 13. In the bk she filed a claim against me. The divorce settlement says that claim is going to be 11K payable over the remaining months of payments for the chpt 13. The divorce decree explicitly states this claim is in the chpt 13 and references the case #.

Now due to a decrease in wages and an increase in bills it looks like I might be going to a chpt 7.
Since the divorce settlement specifically states the claim is for a chpt 13 can she file a claim in a chpt 7?
The $11K is considered spousal support in the divorce decree.
I was ordered during a temporary orders hearing to make the payments on the house she was living in. When I filed the Chp 13 I stopped making the payments. By the time the divorce was done the arrearage was $11K and I am to pay this back to her.
Any help would be great.
 
Last edited:


Ladynred

Senior Member
I don't think any additional claims are necessary in a conversion to a Ch 7 - they've already been filed. You probably know that spousal support isn't dischargable though, so you're still going to end up having to pay her.
 

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