I was told to place a lien on my Ex's house to become a secured creditor to prevent the discharge of a domestic divorce payment as he was filing bankrupcy. Now my attorney states he misinterpreted the law and I won't be able to keep the lien-this is after 8 months of work and fees generated. Is this malpractice? If the bankrupcy stands I stand to lose the money for his house that he owes me.He filed Chapter 13 and this is a property settlement. Not domestic support. Does the 11 USC 523(a)(15) cover this and prevent discharge under Chapter 13?
11 USC 523(a)(15) should encompass this debt. Meaning it was not discharged, and you can proceed against the ex spouse to collect it.
It depends on the type of debt and the type of bankruptcy. Domestic support is not dischargable in any event. Further, domestic obligations for property division or payments of debts or attorney fees are not dischargable IN A CHAPTER 7 CASE, but many are discharged in a Chapter 13. In either case, you may need to file a proof of claim in order to obtain any payment you are entitled to from the bankruptcy court.
There is not enough information in your post to determine the nature of the debt your are trying to protect or the risk of having it discharged in bankruptcy - much less the steps you may be able to take to protect what you are owed. You may want to consider consulting with an attorney to get a second opinion.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
This was not domestic support. Debts under 523(a)(15) ARE discharged in Chapter 13 cases. The lien can be removed if there is no equity to support it. If the lien interferes with any exemptions that he has, the lien can be removed as well.
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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