Posted on: 01st Oct, 2008 01:37 pm
My husband's divorce decree from his first marriage obligate him to pay certain joint debts. His ex-wife took him to court for failing to pay the debts. My husband was found in contempt of the court order and he was to return to court to determine an acceptable purge order. Before returning to court, we filed Chapter 13. Are his obligations to the creditor and to his ex-wife done? Can he be found in contempt at the end of 5 years if the debt isn't repaid at 100%? Can she sue in small claims or other court to make her whole?
hi kellygeither!
welcome to forums!
it depends if your husband has included all the joint debts from the first marriage in chapter 13. moreover, you should remember that chapter 13 helps in reorganizing the debts. that means, you will speak to a loss mitigation officer and decide on easier terms and conditions which will help you to pay back your debts within 3-5 years. if your husband slowly pays off the joint debts, then i don't think she can sue him.
feel free to ask if you have further queries.
sussane
welcome to forums!
it depends if your husband has included all the joint debts from the first marriage in chapter 13. moreover, you should remember that chapter 13 helps in reorganizing the debts. that means, you will speak to a loss mitigation officer and decide on easier terms and conditions which will help you to pay back your debts within 3-5 years. if your husband slowly pays off the joint debts, then i don't think she can sue him.
feel free to ask if you have further queries.
sussane
Hi kellygeither!
Chapter 13 helps in reorganizing the bankruptcy. The negotiator will negotiate with you can decide upon a plan through which you will be able to clear of the mortgage within a period of 3-5 years. If he has included the joints debts into the Chapter 13 he will have have to clear them off with the help of this reorganizing plan. And if he has not included them in the bankruptcy, then obviously he will have to pay them according to the court's order.
Thanks,
Jerry
Chapter 13 helps in reorganizing the bankruptcy. The negotiator will negotiate with you can decide upon a plan through which you will be able to clear of the mortgage within a period of 3-5 years. If he has included the joints debts into the Chapter 13 he will have have to clear them off with the help of this reorganizing plan. And if he has not included them in the bankruptcy, then obviously he will have to pay them according to the court's order.
Thanks,
Jerry