Chapter 13 does write off certain divorce debts. But it does so with some important conditions and disadvantages that you need to consider. Last week we explained how Chapter 7 cannot write off non-support divorce debts, but Chapter 13 can. We said if you owe a significant debt created by your divorce decree (for other than child or spousal … Read More
If getting separated or divorced while in a Chapter 13 case, you’ll likely each need a new lawyer for independent advice about what to do.
When deciding to file a Chapter 13 jointly with your spouse, realize that you can split that case later into two cases if you get divorced.
The 180-day rule also applies to marital property division, whether by agreement or court decree.
One special category of future assets in bankruptcy is property from a divorce–either from a property settlement agreement or court decree.
Chapter 7 doesn’t write off any divorce-based debts. But Chapter 13 DOES write off non-support divorce debts.
You can file bankruptcy without your spouse, but the better question is whether it is wise to do so.
Chapter 13’s “super discharge” means that you can write off a portion of any non-support debts included in your divorce decree.
No kind of bankruptcy will write off support debts. Chapter 7 straight bankruptcy won’t write off NON-support debts. Chapter 13 will.
Here’s some good news if you are behind on child or spousal support, and are being relentlessly chased on that debt. Or are about to be.
Can you and your spouse file bankruptcy together when you are about to get divorced? Should you?
Be very cautious about filing without your spouse if the main reason for doing so is that you believe only you are liable on the debts.
There are special considerations if you filed bankruptcy before your divorce and now need to think about filing another one.
Under the Bankruptcy Code, they CAN file a joint bankruptcy. Maybe they SHOULD. But only with separate attorneys?
Here are the direct answers to some important threshold questions about bankruptcy involving divorce.