Holt, FL Bankruptcy Law Firms & Lawyers

He has a right to file a bankruptcy. If you are making regular payments on the debts allocated to you in the divorce, your credit should not be affected. I say 'should' not be affected, because sometimes the people who read and evaluate credit reports may not have enough discernment to see that you have been divorced from him for some years. Often you can straighten that out by a polite telephone call. If he was allocated debts in the divorce, they might not be dis chargeable in the bankruptcy anyway although he may not realize that.

What probably happened was that when the account was frozen you had more than the amount of the judgment in your account. The result should be that the creditor get their 1200 and you get to keep the balance. You do have some protections from garnishment if you are head of the household as well as others that are all suppose to be listed on a letter provided to you by the creditor. You may be able to protect the entire amount. You need to speak with an attorney.

The HOA can obtain a money judgment for the amount of dues after the date of filing the bankruptcy. They first have to sue and obtain the money judgment before you can be garnished. (Not just a foreclosure judgment).