QUESTION
When one files Bankruptcy, does that relieve them of paying a Court Ordered payment through n Divorce?
Asked on Sep 05th, 2013 on Bankruptcy - Texas
12 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends. Child support and alimony are not dischargeable. A property settlement not in the nature of support may be discharged.
Answered on Sep 09th, 2013 at 1:14 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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No it does not. Domestic support obligations is a debt excepted from discharge under 11 USC Section 523(a)(5).
Answered on Sep 09th, 2013 at 11:40 AM
Deborah F. Bowinski
That is not as simple a question as you are hoping it will be. The answer depends upon the type of debt in question and the type of bankruptcy filed. Some debts, such as maintenance and child support are never dischargeable in bankruptcy. Others can sometimes be discharged buy it depends upon the specific facts. You really need to sit down with an attorney and get personalized legal advice.
Answered on Sep 09th, 2013 at 11:31 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No, probably not.
Answered on Sep 09th, 2013 at 9:58 AM
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It depends what type of bankruptcy you file and why type court ordered payment it is. If it is a support payment, such as child support, spousal support or alimony, no bankruptcy can discharge this obligation. However, if it was a property settlement or debt division order then those can be discharged in a chapter 13 bankruptcy after plan payments have been concluded.
Answered on Sep 09th, 2013 at 9:18 AM
It would depend on the exact language of the court order. Many family court orders are not affected by bankruptcy.
Answered on Sep 09th, 2013 at 9:13 AM
A debt resulting from a divorce decree cannot be discharged in Chapter 7. However, in some circumstances that debt can be discharged in Chapter 13.
Answered on Sep 09th, 2013 at 8:44 AM
It depends on what the purpose of the court-ordered payment was and it depends on which chapter of the bankruptcy code. For example in Chapter 7, pretty much all financial obligations incident to a divorce decree, including child support and property settlement payments, are not discharged. But, if the debtor filed a chapter 13, he or she could potentially get out of any property settlement obligations. Consult with an experienced bankruptcy attorney to discuss your situation in detail.
Answered on Sep 06th, 2013 at 11:18 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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It depends on whether you file Chapter 7 and Chapter 13, the type of payment ordered in the divorce decree, and more. The general rule of thumb is no, but there are exceptions in Chapter 13 in the right circumstances.
Answered on Sep 06th, 2013 at 10:14 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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It depends. If the court order is a Domestic Support Order (for support), it is non-dischargeable in bankruptcy. If it is to equalize assets, it would most likely be non-dischargeable in Chapter 7 and will likely be dischargeable in Chapter 13. You should see an attorney to review the court order to determine what effect, if any, bankruptcy will have on it.
Answered on Sep 06th, 2013 at 10:10 AM
Sanford M. Martin
No, such family law orders such as child support, alimony, debts to spouse, etc are exempt from being discharged in a Chap 7 bankruptcy. You did not specify the nature of the debt but generally such debts contained in a marital settlement agreement or related to a divorce are not discharged especially if such discharge would make your ex-spouse liable for the debt.
Answered on Sep 06th, 2013 at 9:09 AM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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It depends on the court ordered payment. Only domestic support obligations are non-dischargeable. Often times if the court orders someone to pay attorney fees or some other debt that is not considered a domestic support obligation the liability can be discharged in a bankruptcy. You should consult a bankruptcy attorney that has experience in family law to discuss your options.
Answered on Sep 06th, 2013 at 7:57 AM