Can filing for bankruptcy get rid of my marital debt?
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Can filing for bankruptcy get rid of my marital debt?
I am in the process of divorcing and will be taking on half the marital debt. I have no means to pay this debt and wanted to see if filing would release me from it.
Asked on August 27, 2011 North Carolina
Answers:
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
That depends on what chapter you file and whether the marital debt was ordered by the family law court in the nature of alimony/support, or as part of the property settlement/marital equalization. If the former, it is not dischargeable in any bankruptcy case. If the latter, it may be dischargeable in a Chapter 13 case. The debt is owed to your (ex) spouse.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
Mark J. Markus / Mark J. Markus, Law Offices of
Answered 13 years ago | Contributor
That depends on what chapter you file and whether the marital debt was ordered by the family law court in the nature of alimony/support, or as part of the property settlement/marital equalization. If the former, it is not dischargeable in any bankruptcy case. If the latter, it may be dischargeable in a Chapter 13 case. The debt is owed to your (ex) spouse.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://bklaw.com/bankruptcy-blog/
Follow Me on Twitter: @bklawr
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