QUESTION

Does a federal bankruptcy order protecting one spouse for joint federal tax libility supersede claim by other spouse in state level divorce proceeding

Asked on Sep 16th, 2013 on Bankruptcy - Georgia
More details to this question:
As part of my chapter 7 bankruptcy filing a federal court order was issued discharging my responsibilities for several years of tax liability jointly filed with my spouse. In our currently ongoing divorce proceeding my spouse is trying to compel me in GA state court to share responsibility for the outstanding tax liability. In consulting with a divorce lawyer I've been told that the GA state level court doesn't have to recognize the federal bankruptcy court's order discharging the outstanding tax liability. This doesn't see to make sense to me. Am I being misinformed? Doesn't federal court trump state court? Doesn't the supremacy clause mean anything? If I can be subsequently compelled by another party to be responsible for debts discharged in bankruptcy what does bankruptcy protection even mean?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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First of all, unless you filed a complaint in the bankruptcy court to determine the dischargeability of the tax obligations, I doubt there was any federal court order discharging them.  They may have been discharged as part of your general discharge (assuming they met the numerous requirements for discharge of taxes) but that has nothing to do with any obligations you owe to your spouse, either before or after a bankruptcy case is filed. In any event,  you're concerned about a divorce court ordering you to pay taxes owed by your spouse.  The confusion you have is the following:  This would  not a debt owed to the taxing agency(ies), but rather to your spouse as part of the divorce (either as support or as a marital equalization payment).  Either way, even if it was owed prior to filing your bankruptcy case, it would not be dischargeable in bankruptcy.  The fact that it is to be incurred after your bankruptcy case was filed makes it even less of an issue:  It's clearly not dischargeable and would be an obligation owed to your spouse. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Sep 17th, 2013 at 2:37 AM

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