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Jackson, MS |

My fiance divorced in 2004. In the final divorce decree, he was to pay the ex a sum of $25K for her "marital interest". He never paid. In 2005, she placed a lien on his inherited land and not long after, she had the lien filed as a judgement in Circuit Court. At that time, he had no choice other than to file Ch. 7 bankruptcy as he accepted all of the liabilities from their marriage. The debt to the ex, $25K was entered onto the bankruptcy filing. Less than a year later, the bankruptcy was discharged. Now, 10 years later, this judgement has come to life again. Can she still collect this debt? In our state, (MS), a judgement is only good for 7 years and that was up in 2012. Can she still collect this debt? How do we find out if this debt was discharged on his bankruptcy?

Attorney Answers 4

  1. Best answer

    You probably need to search his bankruptcy records which are available for a small charge to see if his counsel filed a motion to avoid the lien. Also, if the property was inherited land, then chances are there were no exemptions to protect it and the trustee may have seized the property and sold it to pay creditor's claims. Homestead is 75k in Mississippi- inherited non-homestead property is not exempt.

    The underlying debt obligation is probably discharged because it is classified as a marital interest and not a domestic support obligation. See 11 USC 523(a) and 11 USC 1328 (a)(2).

  2. If the debt was listed in the bankruptcy then his personal obligation to pay it was discharged. However, the property lien was not. Those two things are separate. That lien will exist until the property is sold or until she decides to attempt to foreclose.

  3. Get a hold of the bankruptcy attorney. Debts such as that are usually not discharged in bankruptcy so you definitely want to double check on if it was. Also, when judgments are up, they can be renewed, so that also may be a possibility. A little foot work and investigating and you should come up with the answers you seek.

    Attorney Williams practices FAMILY LAW throughout the State of California. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS

  4. Your fiancee needs to confer with his former bankruptcy attorney to check on status. Also, a lien will stay in place until sale of land. Just followup with former attorney and clean this up.

    Answer is for informational purposes only and does not create an attorney-client relationship.

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