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Do I owe the ex Bankruptcy over payment?

Topeka, KS |

My wife and I divorced one year after beginning our chpter 13 bankruptcy. The entire amount of it was garnished from My check. well it is now over and my ex wants half the over payment money. Do i owe it to her?

Attorney Answers 3


What did your divorce decree provide? If you were responsible through the divorce for paying all the Chapter 13 payments, you ought to be entitled to any overpayment refund. However, you may have to return to divorce court to settle this as the Chapter 13 will consider this as a joint refund, since it was a joint case.

Hope this perspective helps!

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I am trying to understand the question. Was your case dismissed?

Most Chapter 13's do not lead to the Debtor making money on the deal, so I am assuming the case dismissed.

I think it depends on what you are going to do with the money.

Are you going to use it to file Chapter 7 for both of you?

This sounds sticky. Good luck.

Please contact me directly with document for a free 30 minute consultation to get more concrete advice. This is not legal advice. I don't have enough information to give actual legal advice. I can only take the limited information presented and provide a framework to know how your situation may turn out. I may have questions that bring up issues you did not think were important but make a big difference.

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I actually over paid. I paid on it for 5 years and my time is up. The bankruptcy Trustee said I over paid and sent me a refund. I dont see how she is entitled to it, when all the payments were garnished from my check. And Thank you so much for the advice.


An interesting question to which I am not sure I know "the answer". But, the 13 Trustee is the one who is going to refund the overpayment. He or she would I think make a check out to both the Debtor and the Joint-Debtor, as the refund from the joint bankruptcy belongs to the two persons in the joint bankruptcy. Thus, I would expect the trustee to pay the over payment to both of you in one check, unless you ask them to issue two 1/2 checks. As to whether you owe the money to her, I would think not unless the divorce decree so directed.

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