Family & Relationships Conflict

Can Bankruptcy Clear My Ex Spouse's Debts After Divorce?

    Joint Debts

    • One type of debt that your ex-spouse may attempt to discharge is your joint marital debt. As a general rule, if you and your former spouse held debt together, such as mortgage or credit card debt, her bankruptcy filing could potentially leave you on the hook for the debt. This is especially likely if your separation or divorce agreement did not address who would be responsible for the debt. If your ex-spouse files for a Chapter 7 bankruptcy case, you may remain liable for the debt if she receives a Chapter 7 discharge. Conversely, if she chooses to file a Chapter 13 bankruptcy case, you will not be responsible for the debt unless she fails to successfully complete the Chapter 13 repayment plan.

    Domestic Support Obligations

    • Domestic support obligations are another type of debt that your ex-spouse may attempt to discharge in bankruptcy. However, bankruptcy law prohibits individuals from discharging domestic support obligations in any type of bankruptcy. These include alimony, child support and other obligations intended as support for a debtor's former spouse, current spouse, child or child's parent. Regardless of whether the debt arose on, after or before the bankruptcy filing date, your ex-spouse may not discharge it though a bankruptcy proceeding.

    Divorce Related Expenses

    • Your ex-spouse may attempt to discharge divorce-related expenses. The U.S. bankruptcy code specifies that divorce-related expenses are nondischargeable in a Chapter 7 bankruptcy. Divorce-related expenses are those owed "to a spouse, former spouse, or child of the debtor…" that are not for domestic support obligations and that are “incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with state or territorial law by a governmental unit..." An example is a debt that your divorce decree specified your ex-spouse would pay to you directly. You must prove that the debt is a divorce-related expense if you want to prevent your ex-spouse from discharging it. Although divorce-related expenses are nondischargeable in a Chapter 7 bankruptcy, they are dischargeable in a Chapter 13 bankruptcy.

    Bad Behavior

    • No matter how the debt is classified, your ex-spouse may not discharge debts stemming from a breach of fiduciary duty, fraud, larceny or embezzlement. Debts arising from your ex-spouse's deceptive conduct are like domestic support obligations in that they are nondischargeable no matter which chapter of the bankruptcy code that your ex-spouse files under.

SHARE
RELATED POSTS on "Family & Relationships"
Bounce Back Strong and Get Your Ex Back
Bounce Back Strong and Get Your Ex Back
How to Get Your Ex Girlfriend's Attention! She Won't Avoid You After You Follow This
How to Get Your Ex Girlfriend's Attention! She Won't Avoid You After You Follow This
What You Can Do to Get Back Your Ex Boyfriend - Simple But Effective
What You Can Do to Get Back Your Ex Boyfriend - Simple But Effective
Get Your Ex Back - Because Even Your Mama Thinks You Messed Up Really Badly
Get Your Ex Back - Because Even Your Mama Thinks You Messed Up Really Badly
Getting Your Ex Back - If You Want Them Back Don't Say This
Getting Your Ex Back - If You Want Them Back Don't Say This
Get Your Ex to Call You Back - Truths About Using Children As Leverage Revealed
Get Your Ex to Call You Back - Truths About Using Children As Leverage Revealed
Do You Ask - How to Get Back With My Ex Girlfriend
Do You Ask - How to Get Back With My Ex Girlfriend
How to Fix a Broken Relationship – How to Make it Better and Stronger!
How to Fix a Broken Relationship – How to Make it Better and Stronger!
Four Misconceptions regarding how to Win Your Ex Back
Four Misconceptions regarding how to Win Your Ex Back
Get Your Ex Wife Back With These Proven Methods
Get Your Ex Wife Back With These Proven Methods
I Have Tried Everything and Nothing Has Worked! Discover Another Take On How to Get Your Ex Back!
I Have Tried Everything and Nothing Has Worked! Discover Another Take On How to Get Your Ex Back!
Does a Junior Bridesmaid Need to Walk With Someone?
Does a Junior Bridesmaid Need to Walk With Someone?
Can You Actually Win Your Ex Boyfriend Back With Mere Text Messages?
Can You Actually Win Your Ex Boyfriend Back With Mere Text Messages?
When is the Right Time to Break Up With Your Girlfriend?
When is the Right Time to Break Up With Your Girlfriend?
How to Get Your Ex Back Fast - Get Your Ex Back by Making Them Jealous
How to Get Your Ex Back Fast - Get Your Ex Back by Making Them Jealous
I Want Him Back - How Can I Get Him Back?
I Want Him Back - How Can I Get Him Back?
Easy Steps to Make Up With Your Ex
Easy Steps to Make Up With Your Ex
Passive Agressive Behavior - A Checklist for Handling It Effectively
Passive Agressive Behavior - A Checklist for Handling It Effectively
Get Your Ex Boyfriend Back - Pick Yourself Up and Get Him Back
Get Your Ex Boyfriend Back - Pick Yourself Up and Get Him Back
Advice On Love And Life For Men With Trust Issues
Advice On Love And Life For Men With Trust Issues
Communicate With Your Words, Don't Expect Others to Read Your Mind.
Communicate With Your Words, Don't Expect Others to Read Your Mind.
5 Ways to Get Over Heart Break
5 Ways to Get Over Heart Break

Leave Your Reply

*