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How to tell if my debt discharged in my chapter 7. Its a personal debt owed to my ex father in law; ordered mine in family court

Riverside, CA |

It is obviously not domestic support but was still ordered to be my obligation when my ex railroaded me in divorce court. Can I get out of this. He is not goint to go after his daughter for the money...just me...even though it was a joint debt.

Attorney Answers 4


Unless there was an adversary action in the bankruptcy that claimed that you paying this debt was in lieu of child support, the bankruptcy discharge will eliminate the debt.

Hope this perspective helps & good luck!

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Dorothy is correct, the debt should be discharged if no adversary was won declaring it to be your debt even after the bankruptcy, however, the creditor needed to be served properly for this rule to apply.

Please check the thumbs up button below if this answer is helpful to you, thanks!

Very truly yours,

Dean D. Paolucci, Attorney at Law
Select Legal, Practicing in Illinois and Ohio
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Although the debt is probably discharged, I disagree with the statement that the debt is "obviously domestic support". If you were ordered to pay the debt in lieu of support, you may owe money to your ex if she is required to pay her father. As you correctly observed, this situation may never arise. However, it would not be outside the realm of possibility for your ex to take you back to family court over this nonpayment.

I recently consulted with a man who filed for bankruptcy that was allowing his ex-wife and children to live in a house he owned without paying rent. There was no spousal support. He filed for bankruptcy and decided to surrender the house and he stopped paying the mortgage. His discharge means that he no longer owes the money to the creditor for the mortgage, but she filed contempt charges in family court because paying the mortgage in lieu of paying support.

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Section 523 (a) (15) of the Bankruptcy Code exempts from discharge debts

"(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit; "

What you have described is a debt owed to your "ex father in law." Your ex-father-in-law is not a spise, former spouse, or child. Accordingly, based upon the facts as presented, this debt would be discharged in your Chapter 7 bankruptcy.

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