QUESTION
How vulnerable am I with a property settlement vs. support
Asked on Mar 04th, 2013 on Bankruptcy - Hawaii
More details to this question:
My x owns 2 restaurants and I own the house. I need the property settlement payment for the next 7 yrs. How can I protect myself from a bankruptcy by my x. The divorce was finalized 2 mos. ago.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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3 Awards
The property settlement payments to you are "protected" as long as your ex doesn't file a Chapter 13 case. The only way to make sure they're not dischargeable in all bankruptcy chapters is to get a court order deeming them to be part of your (or your childrens') support.
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 Mar 04th, 2013 at 8:25 PM