I still have a ch. 7 pending in NY and when I filed my ex-wife started a divorce action in Georgia. When I went to court in GA a few weeks ago I told the judge I was in bankruptcy but he still ordered me to pay her $3,000 for a car debt. The debt was related to my car in GA that my wife had possession of. It was my car so while the divorce was pending I had it repossessed. The judge did not like this and ordered me to pay for the repo and to have it repaired. Can I discharge this court divorce judgment even though technically the judge ordered it after the bankruptcy was filed but the divorce was started before the bankruptcy was filed.The trustee was not aware of the divorce. I have no loan on the vehicle and it was exempted in the bankruptcy. I chose to self-repo it..meaning I had a company tow it away because I paid for it and I didn't feel she had any right to it. It has always been in my name and I paid for the entire thing. The judge in GA and my ex-wife were aware that I was in bankruptcy. I have not received my discharge from the bankruptcy yet. It should be at the end of the month. The trustee did close the meeting of creditors and issued a report of no distribution. I have a bankruptcy attorney but he is stating it is not dischargeable because the judgment ordered by the judge was after the bankruptcy was filed. I couldn't afford a lawyer in Georgia and the judge didn't even want to hear my side of the story. My ex-wife had a lawyer and I think all the favoritism was on her side.
Based on your description, I will hazard a guess that you are not represented by counsel because if you were, you woud not be in this situation. You certainly would not have angered a Judge by taking what appears to that Judge spiteful actions regarding a car.
Several questions come to mind:
Is the chapter 7 trustee aware of this activity including the divorce? Is your soon to be ex-wife receiving notice of yout bankruptcy proceedings?
Was the car abandoned by the trustee or is it still part of the estate? Did the lender on the car get authority (if needed) from the bankruptcy court to repossess it?
Finally, have you received your discharge from the bankruptcy court?
Postbankruptcy claims are not dischargeable but we would need more facts relating to what happened in the Georgia court.
I hope you have counsel because you are trying to assert rights in 2 different states and trying to work through a mix of federal and state (Georgia) statutes. And frankly, right now you are not doing well in the South.
Others will likely weigh in with their own views.
Sorry to be the bearer of bad news but any debt incurred as a result of a divorce judgment is not dischargeable.
No matrimonial order will be dischargeable, or in any way stayed by the bankruptcy. What happened to you seems proper.
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