QUESTION
Can a promissory note granted in a divorce be discharged in a bankruptcy by my ex?
Asked on Jul 08th, 2011 on Bankruptcy - California
More details to this question:
Can a promissory note granted in a divorce be discharged in a bankruptcy by my ex?
8 ANSWERS
Glen Edward Ashman
Your question is unclear, but if you are asking is a marital settlement dischargeable, the answer is no.
Answered on Jul 10th, 2013 at 12:15 AM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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You would have to know what the note is for to answer this question. There are certain things that cannot be discharged in a bankruptcy
Answered on Jul 04th, 2013 at 3:02 AM
Samuel Lee Tucker
Depends on whether the judge characterizes the debt as spousal support or a divided marital property. Support is not dischargeable.
Answered on Jul 04th, 2013 at 2:06 AM
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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Yes, it may.
Answered on Jun 10th, 2013 at 1:33 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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A bankruptcy will not change the terms of a divorce order. For instance, if one spouse is awarded an equalization payment and the other spouse files bankruptcy, the bankruptcy does not wipe out the obligation owed to the non-filing spouse.
Answered on Jul 12th, 2011 at 3:57 AM
Divorce decrees cannot be discharged through bankruptcy.
Answered on Jul 12th, 2011 at 3:56 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Probably not. Most liabilities brought about through divorce are nondischargeable. You may want to go to her 341 meeting and get an attorney to object to discharge of that debt.
Answered on Jul 11th, 2011 at 3:08 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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Yes, in Chapter 13 probably but only if the note was not for support or in the nature of a support payment.
Answered on Jul 11th, 2011 at 1:00 PM