SUPPORT CLAIM PROVABLE
June 27th, 2007 by Questions
I FILED FOR BANKRUPTCY IN JANUARY. TWO MONTHS LATER, IN A SETTLEMENT WITH MY EX-WIFE, A RETROACTIVE SUPPORT ORDER WAS ISSUED. THE TRUSTEE ENTERED THE CLAIM AND ALLOWED MY EX-WIFE TO OPPOSE MY DISCHARGE. MY COUNSEL HAS PROVEN IN COURT THAT BECAUSE OF THE TIMING AND BIA S.121(4) THAT MY EX-WIFE\’S CLAIM WAS NOT PROVABLE AND THAT SHE COULD THEREFORE NOT OPPOSE MY DISCHARGE. NO COSTS WERE AWARDED FOR MY FINDINGS. IS THE TRUSTEE WHO INCORRECTLY ENTERED THE CLAIM NOT ACCOUNTABLE FOR HIS ERROR?
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