Family Law Attorney for ex-spouse changes wording of the order for
Posted: Thu Jul 27, 2017 11:03 am
Family Law /Bankruptcy intersection question
FACTS:
1. Debtor gets an order under Family Code Section 271 to pay ex-spouses attorney fees to the attorney directly.
2. Then Debtor files bankruptcy and gets Chapter 7 discharge. No 11 U.S.C. 523 action is brought in bankruptcy.
3. Post-bankruptcy attorney with fee award goes back to family law court (Debtor was not noticed he claims) and gets an order making the payment to the ex-spouse instead, and even put some "this was not discharged in bankruptcy" language at the end
4. They then try and levy his wages, but the sheriff will not do so until attorney assigns the debt to the ex-spouse.
5. They do the assignment and garnish debtor's wages.
QUESTION: Is this a violation of the discharge order?
It seems like they resurrected a discharged debt to me. However, these are treacherous waters where the 2 currents come together.
Thank you in advance for your input.
Steve
Law Offices of Steven B. Lever
Steven B. Lever
* Tel. (562) 436-5456 ext. 1
* Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
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Family Law /Bankruptcy intersection question
FACTS:
Debtor gets an order under Family Code Section 271 to pay ex-spouses attorney fees to the attorney directly.Then Debtor files bankruptcy and gets Chapter 7 discharge. No 11 U.S.C. 523 action is brought in bankruptcy.Post-bankruptcy attorney with fee award goes back to family law court (Debtor was not noticed he claims) and gets
an order making the payment to the ex-spouse instead, and even put some “this was not discharged in bankruptcy” language at the endThey then try and levy his wages, but the sheriff will not do so until attorney assigns the debt to the ex-spouse.They do the assignment and garnish debtor’s wages.
QUESTION: Is this a violation of the discharge order?
It seems like they resurrected a discharged debt to me. However, these are treacherous waters where the 2 currents come together.
Thank you in advance for your input.
Steve
Law Offices of Steven B. Lever
Steven B. Lever
(
Tel. (562) 436-5456 ext. 1
(
Fax (562) 485-6886
*
sblever@leverlaw.com
www.leverlaw.com
******************************************************
This Internet e-mail contains confidential information
which is intended only for the addressee and which may
be privileged under applicable law. Do not read, copy
or disseminate it if you are not the addressee. If you
have received this message in error, please notify the
sender immediately and delete it. Thank you.
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