QUESTION
Can I file for bankruptcy to relieve myself of the mortgage liability ordered by divorce court?
Asked on Jul 20th, 2016 on Bankruptcy - Nevada
5 ANSWERS
Maybe. You will need to have some one review the divorce file with you. You'll have to pay for one hour of an experienced attorney's time.
Answered on Aug 08th, 2016 at 4:57 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
It depends, bankruptcy can relieve you a debt for a property settlement, including your liability on a mortgage but bankruptcy can't relieve you of a support obligation.? You should have a bankruptcy attorney review your divorce decree to advise you on whether the mortgage debt is treated as a property settlement or a support obligation.
Answered on Aug 08th, 2016 at 4:56 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Not an easy question to answer. The statutes [see 11 USC sec. 101(14A) and 11 USC sec. 522(a)(5)] on their face say that any debt allocated or to be allocated by a divorce court is not dischargeable in a chapter 7. (A property settlement, as opposed to maintenance or child support) may be dischargeable in a Ch. 13. Consult an experienced bankruptcy lawyer in your area.
Answered on Aug 08th, 2016 at 10:53 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
It depends on if it is the nature of equitable distribution or Domestic Support. Consult counsel in your jurisdiction for the difference between the two.
Answered on Aug 08th, 2016 at 10:52 AM
You can eliminate owing a mortgage debt TO THE MORTGAGE COMPANY in Chapter 7 but this will not eliminate the responsibility to either your ex spouse or your children, if any. It might be possible to eliminate the obligation to your ex spouse to pay the mortgage in Chapter 13 but the precise wording of the divorce court decision will be crucial.
Answered on Aug 08th, 2016 at 10:50 AM