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Divorce Debt and Bankruptcy

If you and your spouse are considering divorce and you have a large amount of debt, it may be wise to consider filing for bankruptcy prior to filing for your divorce. In the event that the divorce has already been filed, there are many things you need to know when considering filing bankruptcy. Because the divorce decree is legally binding to both you and your ex spouse but not the original creditor, your bankruptcy attorney will need to look closely at what can be discharged.

Support Payments

All payments ordered in the form of support payments are excepted from discharge in bankruptcy proceedings. This means you cannot use bankruptcy to get out from under child support or alimony payments, even if you have fallen behind. You may be able to use a Chapter 13 bankruptcy to help you get caught up on child support arrears.  Also, if you have a professional license, a bankruptcy filing would allow you to get reinstated for non-payment.  In the end, however, without a state-court modification, you would be responsible for all amounts due.

 

Debt Assigned to You in the Divorce

There are two types of assigned debt in a divorce decree. Joint debt that is assigned to you while holding your ex harmless and debt that is solely in your name that the courts agree you are responsible for. If your divorce decree includes assigned debt, your attorney will need to look over the debts to determine if they will qualify for bankruptcy. If a divorce decree orders you to pay for a joint debt, you may not be able to get rid of that debt in a Chapter 7 bankruptcy.  However, you may be able to rid of some of this type of debt in a Chapter 13 Bankruptcy.  This is a very complicated area, so you should take to a bankruptcy attorney.

If you are considering filing bankruptcy to get rid of debt incurred in a divorce, contact me today for help with your case.

Sean C. Paul, Attorney, discusses divorce debt and bankruptcy

Sean C. Paul is licensed to practice law in the State of Missouri. His practice is located in south St. Louis County. He can help you with your Chapter 7 or Chapter 13 Bankruptcy case.  Since divorce debt and bankruptcy is a complicated area, you should take to Attorney Sean C. Paul.

Sean C. Paul will give you the individual attention you deserve. He will meet with you one-on-one to determine how he can help you. If you are considering filing bankruptcy in Missouri, please call today.

Sean C. Paul, Attorney at Law Google+ Profile.

Sean C. Paul, Attorney at Law
8917 Gravois Rd. St. LouisMO63123 USA 
 • 314-827-4027

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