My ex-spouse owes me money for alimony, child support and from a property settlement agreement but he just filed for bankruptcy. Now what?

The good news for you is that if your ex-spouse filed for Chapter 7 bankruptcy relief, the provisions of the bankruptcy code, 11 U.S.C . § 523(a)(5) and § 523(a)(15) are broad and sweeping and will prevent your ex-spouse from discharging any of these obligations. In fact, alimony and child support are virtually non-dischargeable under any form of bankruptcy relief.

However, if your ex-spouse files for Chapter 13 bankruptcy relief (plan of repayment), (s)he will or may be able to discharge obligations under a property settlement agreement based on the language of 11 U.S.C. § 523(a)(15).

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Disclaimer: The Law Offices of Michael E. Zapin is a debt relief agency and we help our clients file for bankruptcy relief. The information on this website is for educational purposes only and should not be construed as legal advice.
Information discussed on this website is focused on bankruptcy in the State of Florida and may vary from state-to-state. Contact a local practitioner in your home state for more information on the differences or contact us for a reliable referral.