Injunction,yes or no?

[crafty lady]

What is the name of your state? CA
I received a judgement in our divorce in two different areas. One was for credit card purchases that we both had charged on my credit cards. Ex is going to file bankruptcy. I have been told that he can include what he owes me and I will never see a dime. My question is the next part of the judgement reads:
"As and for spousal support, and as a contribution towards attorney fees, it is ordered that Respondent shall pay to counsel for Petitioner the additional sum of $6,000.00 due forthwith." Can he include this portion also in a bankruptcy?

I was told that I can file an "injunction" (whatever that is) to stop him from being able to charge any of my judgement off. Right or wrong?

 

[Ladynred]

Spousal and child support is NOT dischargable in any bankruptcy. If he is attempting to mispresent the character of the debt then you need to file an objection with the BK court. Better yet, show up at his 341 meeting and challenge it/him.

 

[crafty lady]

Injunction, yes or no?

CA
What about filing an injunction?

 

[Ladynred]

I don't know what kind of injunction you would file. If you want to fight this you HAVE to do it thru the bankruptcy court FIRST. Go to his 341 meeting, write a letter to the Trustee with a copy of your divorce decree that you quoted here, and, if you have to, file an objection with the BK court in an adversary proceeding. If he is attempting to misrepresent that part of the judgment as NOT being spousal support you have some leverage !

Further, the BK code clearly says that if his discharge of the debts 'assigned' to him in the divorce decree would put more of a hardship on you than would benefit him, then those debts may not be dischargeable.

If you don't want to do this yourself, get a BK attorney to pursue it.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA
I received a judgement in our divorce in two different areas. One was for credit card purchases that we both had charged on my credit cards. Ex is going to file bankruptcy. I have been told that he can include what he owes me and I will never see a dime. My question is the next part of the judgement reads:
"As and for spousal support, and as a contribution towards attorney fees, it is ordered that Respondent shall pay to counsel for Petitioner the additional sum of $6,000.00 due forthwith." Can he include this portion also in a bankruptcy?

I was told that I can file an "injunction" (whatever that is) to stop him from being able to charge any of my judgement off. Right or wrong?

My response:

What good is it to respond to you, when from the responses in your "sister thread" you don't understand what's being written to you, and you fail or refuse to read the case law, and statutory law, quoted to you? Further, you were advised to "buy a book" on the subject, and you fail or refuse to even do that much. So, go spend hundreds of dollars on a local attorney. I have already answered your questions about the "debts", the "injunction", and you're just not getting it.

IAAL

 

[Ladynred]

Well, thanks to IAAL's input, I went and found the other thread he referenced.

If you have enough to PROVE that he has more money than he may be telling the BK court, then you most DEFINITELY need to show up for his 341 meeting (when he files). You have to have hard evidence to show he may be up to bankrutpcy fraud to get the Trustee's attention.

As already stated by IAAL, you can't stop him from filing, no one can, but you CAN make things tough for him once he does file and you may not be equipped to handle that, so get a bankruptcy attorney ! Your divorce lawyer is not a bankruptcy lawyer, he won't know what needs to be done to fight. You MUST fight this in bankruptcy court.

 

[crafty lady]

Thanks

CA Thanks LadynRed for your "kind" advice. Obviously IAAL has never been through this personally. Yeah I might not get it because I asked it again. I was hoping to get someone else's response that might have another opinion. Don't waste your time IAAL answering me because I do not respect your opinion. You are cold hearted. If I understood all the legal terms and issues involved I would have never asked for advice on this site. To tell someone to go buy a book is like saying I don't care what your problem is, go look it up yourself. Don't answer a question if you don't want to be bothered IAAL! Again LadynRed I will certainly go to his court hearing. Yes he makes alot more money than me, The difference is he chose to spend his on everything but his obligations (including nothing for his baby until I filed for child support) Do I feel sorry for him now that he is struggling? Hell no, walk in my shoes for the last 1 1/2 yrs. with no financial help and then see how it feels! I JUST WANT WHAT IS FAIR AND JUST!!!

 

[I AM ALWAYS LIABLE]

CA Thanks LadynRed for your "kind" advice. Obviously IAAL has never been through this personally. Yeah I might not get it because I asked it again. I was hoping to get someone else's response that might have another opinion. Don't waste your time IAAL answering me because I do not respect your opinion. You are cold hearted. If I understood all the legal terms and issues involved I would have never asked for advice on this site. To tell someone to go buy a book is like saying I don't care what your problem is, go look it up yourself. Don't answer a question if you don't want to be bothered IAAL! Again LadynRed I will certainly go to his court hearing. Yes he makes alot more money than me, The difference is he chose to spend his on everything but his obligations (including nothing for his baby until I filed for child support) Do I feel sorry for him now that he is struggling? Hell no, walk in my shoes for the last 1 1/2 yrs. with no financial help and then see how it feels! I JUST WANT WHAT IS FAIR AND JUST!!!

My response:

I don't need to "go through it personally" to tell you what I have told you. I go through this with MY CLIENTS nearly each and every day! Do you think you're the ONLY ONE who has experienced this same problem and scenario? Hell no! About 5 out of 10 of my Family Law clients get this threatened to them, and perhaps 2 out of 10 actually proceed with the threat. That's when I snap into action like I did for you. But, if you're so bullheaded, and unable to comprehend what I told you, then really lady, what's the use?

You obviously didn't understand that you can't file an injunction to enjoin someone from filing BK, or you wouldn't have asked. So, you'd rather close down your brain, ask the same stupid question, get pissed off with me, and not learn what I told you.

Hey, it's your money. Buy a book. That's the cheapest advice anyone could tell you. Either that, or spend hundreds on your own attorney. But, I will tell you this: No one here is going to hold you by the hand and take you step-by-step through the "process". We have only given you a "taste" of what you need to know, and do. The rest is up to you to learn about, and represent yourself. But, the only way you're going to be able to do that is to buy a self-help book on the subject.

Get pissed off. Do you think I care?

IAAL

 

[crafty lady]

Do I think you care?

No I don't think you care, I think you are obviously a very bored, perhaps very old and definitely very lonely person. Attorney or not, to try to talk down to people who are in need is not right. Yes I may ask questions over and over and yes I might not understand all your superior attorney lingo but I do know that I would never hire you! If I was paying you, you would not get away with talking to me the way you are!! You have no compassion for people who are obviously hurting! Go ahead laugh and be amused. I was not asking anyone to hold my hand or walk me through the process. Merely answers to a few questions. I think I got my answer. This is not the place to get professional advice, free or not!!!

 

[I AM ALWAYS LIABLE]

If I was paying you, you would not get away with talking to me the way you are!!

My response:

Well, that's a pretty big "IF". You wish you could afford my retainer fee to obtain my services. But, we both know that's "the impossible dream". Lady, there are PLENTY of clients out there - - so I really don't care what you think. And, if you were a client, and walked out, you'd still be the one suffering - - not me. So, stop thinking so HIGHLY of yourself, and grow some thicker skin.

Man, are you whacked out!

IAAL

 

[crafty lady]

Response

Response to IAAL who stated: Well, that's a pretty big "IF". You wish you could afford my retainer fee to obtain my services. But, we both know that's "the impossible dream". Lady, there are PLENTY of clients out there - - so I really don't care what you think. And, if you were a client, and walked out, you'd still be the one suffering - - not me. So, stop thinking so HIGHLY of yourself, and grow some thicker skin.

Man, are you whacked out!

IAAL

My response: This will be the last communication I have with you. Truth be known, I am not whacked out - I am a woman with a physical disability - I have cerebral palsy. I have to have someone else type this for me. So if I have to ask things over and over it is because yes I have problems and don't comprehend things like you do. I am scared because I will never be able to earn enough money to take care of my child and me on my own. And now I have been saddled with all the bills from the marriage. You seem to have no patience for people. You obviously are in your profession for the money. Too bad you have no compassion for people. My family paid my enormous attorney fee for a long drawn out divorce. Can they afford to pay you or any other attorney, yes. But this whole mess is not their fault, it is mine for picking this guy in the first place. I was hoping to receive some advice I could understand. If reading a book is my only option then I guess I once again will have to rely on my family for help because I don't have the ability to read it. You chose to answer my threads over and over. If it was bugging you then you as an adult could have chosen to not answer them. I did not direct them to you personally until you began your verbal attack on me. I did not need or deserve your rudeness. Did I lash back, yes, but because that is the same type of discrimination I have dealt with my whole life. I don't want your pity or sympathy. Just leave me alone. Let someone else answer my questions. Thanks for the original advice you did give me. I do appreciate it.

 

[I AM ALWAYS LIABLE]

Response to IAAL who stated: Well, that's a pretty big "IF". You wish you could afford my retainer fee to obtain my services. But, we both know that's "the impossible dream". Lady, there are PLENTY of clients out there - - so I really don't care what you think. And, if you were a client, and walked out, you'd still be the one suffering - - not me. So, stop thinking so HIGHLY of yourself, and grow some thicker skin.

Man, are you whacked out!

IAAL

This will be the last communication I have with you.

MY RESPONSE: Good!


Truth be known, I am not whacked out - I am a woman with a physical disability - I have cerebral palsy. I have to have someone else type this for me. So if I have to ask things over and over it is because yes I have problems and don't comprehend things like you do.

MY RESPONSE: Okay, then your "writer" is whacked out.




I am scared because I will never be able to earn enough money to take care of my child and me on my own. And now I have been saddled with all the bills from the marriage.

MY RESPONSE: Then, declare Bankruptcy. Get a BK attorney so you won't be "saddled".




You seem to have no patience for people.

MY RESPONSE: You're right.




You obviously are in your profession for the money.

MY RESPONSE: Right again! I don't work for, or own, a "legal clinic". So, you're damned right I'm "in [my] profession for the money." So, what's your point?



Too bad you have no compassion for people.

MY RESPONSE: If I had any compassion, it disappeared years ago. Beside, compassion is a waste of time, and EMOTION. I can't carry the weight of the world on my shoulders - - so the best solution is to not care. That way, I can sleep at night. My clients all think I "care". Truth be known (to use your phrase) is that I don't. They don't care about my problems, and they shouldn't realistically believe that I (or any attorney) would actually "care". We are not your psychiatric, priest or confessor - - even though you'd like us to be.



My family paid my enormous attorney fee for a long drawn out divorce.
Can they afford to pay you or any other attorney, yes.

MY RESPONSE: Good for you. Then have them do it again - - but this time with a Bankruptcy attorney.




But this whole mess is not their fault, it is mine for picking this guy in the first place.

MY RESPONSE: Can't disagree with that statement.



I was hoping to receive some advice I could understand.

MY RESPONSE: Oh well! Sometimes law is difficult to understand. So, who's fault is it if you can't understand what's being said to you?





If reading a book is my only option then I guess I once again will have to rely on my family for help because I don't have the ability to read it.

MY RESPONSE: Then you shouldn't have skipped your English classes. You should have stayed in school.





You chose to answer my threads over and over. If it was bugging you then you as an adult could have chosen to not answer them.

MY RESPONSE: Oh, please. Then you would have been bitching that no one responded to your thread. Get real, will you?



I did not direct them to you personally until you began your verbal attack on me. I did not need or deserve your rudeness. Did I lash back, yes, but because that is the same type of discrimination I have dealt with my whole life.

MY RESPONSE: Discrimination? Oh, please. Stop using your "affliction" as a crutch. Then, perhaps, people might be more tolerant and understanding of you.



I don't want your pity or sympathy.

MY RESPONSE: And, I'm not giving you any. I refuse to give anyone who comes here any pity or sympathy whatsoever. But, you're the one who mentioned cerebral palsy - - was that your backhanded way of obtaining some "pity or sympathy"?



Just leave me alone.

MY RESPONSE: I can't guarantee that if you keep writing.



Let someone else answer my questions.

MY RESPONSE: Lady, I'm not stopping anyone from responding to you!




Thanks for the original advice you did give me. I do appreciate it.

MY RESPONSE: You're welcome.


IAAL

 

[crafty lady]

IAAL RESPONSE: Then you shouldn't have skipped your English classes. You should have stayed in school.

My Response: I didn't skip any. I graduated from high school. I attend college. The fact that I am in special education and have learning disabilities is the reason I cannot totally comprehend some of legal terms you have told me.

Again I did not mention my disability at the beginning because I did not want anyone's pity. I will carry on, I will not file bankruptcy. I have good credit and if it takes every penny I have then I will pay the bills. I have a part time job and go to college and have a child to take care of. I am proud of the things I have accomplished.

I wish you only the best and hope that perhaps someday someone will come along to help you "care" again! Thanks again.

 

[I AM ALWAYS LIABLE]

The fact that I am in special education and have learning disabilities is the reason I cannot totally comprehend some of legal terms you have told me.

MY RESPONSE: You know - - you make absolutely no sense. You say you have a learning disability, and that you "cannot totally comprehend". Then I have to go back to my original question to you: "Why bother responding to you? It's useless and pointless." Yet, despite your inability to "comprehend", you came back here to ask the SAME question!! The legal answer wouldn't change the second time around. So, if you couldn't "comprehend" the first time around, what did you think was going to happen for you the second time around? You came to a legal site. By it's very nature, "legal terms" would necessarily be used when responding to you. This site doesn't have "Dick and Jane" legal terms. "See Jane file for Bankruptcy. Bankruptcy, Bankruptcy, Bankruptcy." Sorry, it just doesn't make it.



Again I did not mention my disability at the beginning because I did not want anyone's pity.

MY RESPONSE: But, you thought you needed to "work it in" later on. Okay, keep using it as a reason and a crutch.



I will carry on, I will not file bankruptcy.

My response: When the financial pressure becomes too much, you will. Especially when the creditors file and serve lawsuits against you. You need to take a tip from your ex-husband; i.e., That's why he's filing BK - - he doesn't want the hassle, the headaches, or the lawsuits. He figures - - and rightly so - - that you'll deal with it yourself. That's why Congress enacted the Federal Bankruptcy laws, and gave the Federal courts jurisdiction.



I have good credit and if it takes every penny I have then I will pay the bills.

My response: Well, you could do that, and take food out of your kid's mouth. Sure, you could do that.



I have a part time job and go to college and have a child to take care of.

MY RESPONSE: A part time job, going to school, with a kid and debts isn't going to cut it for very long. Something's gotta give. Soon enough, your creditors will be knocking at your door - - if they haven't already started.


I am proud of the things I have accomplished.

MY RESPONSE: Unfortunately, with your ex-husband's Bankruptcy looming in the distance, the "things you've accomplished" will be reversed due to the onslaught of the overwhelming debts he has left you.


I wish you only the best

MY RESPONSE: Thanks. Back at you, kid.



and hope that perhaps someday someone will come along to help you "care" again! Thanks again.


MY RESPONSE: Naaaaaaaa. Don't waste your time hoping. I'm far too jaded to care about other people's problems. Sincerely, I really don't give a crap. It's a very healthy attitude when you think about it. Ask your own attorney if he/she "sincerely, and really "cares" about you and your situation. If he/she says yes, then that attorney is either lying, or sits up all night chewing their fingernails. I don't. Besides, an attorney isn't being paid to "care". Once your legal issue is over, it's on to the next client, and never to hear from that attorney again. That's what shrinks and priests are for.

IAAL