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The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 04:46 PM
Original message
Quick Question;
Are Judgments something that fall under Bankruptcy?

Anyone?
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 05:02 PM
Response to Original message
1. Need a bit more fact/explanation.
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The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 05:27 PM
Response to Reply #1
2. Well...
My wife abandoned her marriage for a multi-millionaire, perjured herself in the complaint and a subsequent motion to get me to pay for her attorney. My attorney sold me out, and her motion was granted.

I'm supposed to pay her attorney for a divorce I didn't want from someone who wouldn't risk losing out on a multi-millionaire by going to counseling, and who lied her face off to get her way.

The judgment is to pay her attorney's fees. It's essentially civil.

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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 05:41 PM
Response to Reply #2
3. Oh Damn!
My husb is representing himself, and lying his way through. Hope he'll be req'd to pay MY atty.

I know VERY little about bankruptcy, and what I do know does not include this. I'll do some quick research, but not optimistic about coming up with an answer.
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The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 06:00 PM
Response to Reply #3
5. Doesn't that SUCK!
It's virtually impossible to get perjury charges pressed from a divorce proceeding.

One thing you can do is meticulously and artfully expose him as a liar in front of the judge. Judges don't like when people lie to their face. I told my attorney she'd been committing perjury, but he told me there was 'nothing we could do about it'. What he didn't tell me is that I could have filed a cross-motion. Had I represented myself, I would have discovered, through the process itself, that I could have shot that motion right the hell down.

The tragedy is that going into this, I'd already proven myself highly effective at per se representation... but like an idiot I hired an attorney anyhow and was entirely shut out of the process.

She lied to me, lied about me, betrayed me, abandoned me, and everyone treated her like the 'victim'.

Damn.

I've found it tends to be therapeutic to get it out... what's he lied about so far?


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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 06:32 PM
Response to Reply #5
7. Too many things. Like, I haven't paid a thing for daughters' school,
when I have evidence I paid tuition for 1+ years, and rent + until today!

The good part is I like my attorney very much. I'd like to sue yours! (That is, I'd like YOU to sue yours!) Did wife get anything in addition to divorce and lawyers fees?
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The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 11:33 PM
Response to Reply #7
8. Very good.
The Judge is likely to consider his bullshit and side with you. The trick is to put it on display artfully.

I had a law guardian who utterly ignored my concerns about her coke habit, and stuck my children with her at her boyfriend's house.

Now, here's the thing; Her 'boyfriend' is the son of an industrialist a lot of DUers know.

He's a wealthy son-of-an-asshole, and I know damn well they can't keep together very long after March. They're both coke-heads, and they're both shallow critters.

They won't last past Thanks Giving, and my predictions have been historically creepy and accurate.

I looked into suing mine, and he left himself just enough deniability that it's improbable I'd win... in court.

She got the kids.

I have a home and a flexible schedule. She moved in with her wealthy boyfriend.

The law guardian ignored my concerns, didn't care about my educated opinion, and dismissed any mention of her coke habit.
Since then, she's deliberately prevented my children from seeing me... just as I told him she would.

I'm not done with that asshole. He'll never be a law guardian again if I have any say... and I won't use an attorney this time.

In the meanwhile, I have to wait and be a strategist about things.

I always win in the end. Enduring the bullshit sucks, but I've never lost.

There's a great deal more hope than might be apparent right now.

I'll be happy to help.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-05-10 11:16 PM
Response to Reply #8
9. What's a law guardian?
I've sued for separation agreement, not divorce, cause I'm covered under his Govt healt ins. I've told my Atty we can inform him, anytime, that if HE sues for divorce, as he's threatened to do, I'm prepared to countersue, alleging physical and emotional cruelty. Easy to prove physical as I have photo and police report; emotional not so easy, I guess, but he alleges all sorts of emotional-type 'wrongs' on my part, so maybe we could use him as a hostile witness in my behalf! HA, just thought of that!
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The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-06-10 07:01 AM
Response to Reply #9
10. A law guardian is simply a lawyer appointed to any children pro bono.
They get legal representation to. Usually all the law guardian does is pick which parent the children should be with.

In my case, I wound up with a pinhead who stuck my kids with their coke-head mom at her boyfriend's.

Such a thing happening is considered ridiculous, but happen it did.

Once her boyfriend dumps her, I'll have little problem getting custody back. In the meanwhile I have to suffer her nastiness.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 05:52 PM
Response to Reply #2
4. Some info:
Edited on Mon Jan-04-10 06:27 PM by elleng
It is important to understand that not all debts are subject to discharge under Chapter 7. Among the common debts unaffected by bankruptcy are certain income and business taxes, alimony, child support, certain property divisions incident to divorce, governmentally imposed fines, forfeitures or restitution, most student loans, and liabilities resulting from drunken driving. Certain abuses of cash advances and credit cards on the eve of bankruptcy are presumed to be nondischargeable, as are debts arising from fraud, misrepresentation, theft, and willful and malicious injuries to a person or property.

For these latter forms of debts to be held nondischargeable, the creditor must bring a lawsuit against the debtor in the bankruptcy court within 90 days of the filing, and obtain a judgment declaring the debt, or some portion thereof, to be nondischargeable. In such a proceeding, the debtor has most of the rights attendant to any other civil trial in federal court, except the right to a jury trial. >>>

http://www.legalexplorer.com/legal/legal-QA.asp?Positio...
----------------------------------------------

Will bankruptcy stop a judgment?

Possibly. Most civil judgments are stopped by bankruptcy.

http://www.eramolaw.com/faq.php

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The Doctor. Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-04-10 06:06 PM
Response to Reply #4
6. You rock!
Looks like the judgment is subject to discharge. I'd done some research that suggested that, but nothing quite as explicit as this.
From here it would simply require reading the law itself... but thank you much. ;)

Good to know.
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