I just received a letter from the Trustee that my ex husband is filing bankruptcy. Why would I get this letter? He does have a court ordered child support order.
I double checked my credit report and there aren’t any debts that we would’ve previously shared. There was a credit card at one time but the divorce decree stated we split it, so I took out a a new card and balance transferred half to my own debt. I no longer see that initial card listed on my credit report.
Also side question, where does the Trustee get my address? I do not want my ex to know my adddress, does this get shared with him?
You received this notice because your husband has listed you as a creditor in his bankruptcy. That means he (or his attorney) thinks that you may think that he does or could owe you money, and to the extent that the law allows it, he wants to wipe out that obligation.
For example, if you were a joint signatory on a credit card and he owes money to the bank on that card, the lender has the right to chase you EVEN THOUGH the divorce decree says it is his problem and not yours.
Consult with a creditor's rights attorney without delay -- your time for analysis and, if appropriate, action is VERY short and the deadlines are enforced VERY strictly.
All good luck to you.
I represent lenders, landlords and creditors. This answer is based on the viewpoint of a creditors-rights attorney. It's possible that a debtor / tenant / consumer lawyer would provide a different answer or focus on different nuances of the situation. More importantly, it is impossible to provide a reasoned legal opinion in response to any brief internet writeup. My response here is not, and is not intended as, a reasoned legal opinion or legal advice to anyone, including the person who posed the question. Even so, I hope that my comments are some help.
When a debtor owes child support by court order, the trustee is obligated to send a letter to the custodial parent (recipient of the child support) to advise them that her ex-husband/wife has filed for bankruptcy. The letter is to inform you that even though your ex filed bankruptcy, the child support is not dischargeable and he is still required to pay. Your name and address would be provided by the debtor. I would assume your ex already has your information as the trustee most likely would not have gotten it on his own.
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