When the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) became effective October 17, 2005, debts ordered in a separation agreement, divorce decree or other order of the Court became non-dischargeable. This can be reviewed in detail at 11 U.S.C § 523(a)(5) and 523(a)(15). Domestic support obligations, inclusive of alimony, child support […]
Alimony and Child Support
Are Debts Ordered in a Separation Agreement Dischargeable in Bankruptcy?
When you enter into the union of marriage, you are not normally thinking that it will not last. Like most, you begin a life together and when creating a life together you may accrue a lot debt. Unfortunately, relationships change and often times the only solution is divorce. Just as the divorce affects your jointly […]
Before you file bankruptcy your attorney will ask you for verification of your last six months of income as a factor to determine Means Test qualification. The Means Test is a household income limit you must fall below according to the number of household occupants in order to qualify for a Chapter 7 bankruptcy. Child […]
Yes! You can still file for bankruptcy even if you are behind on alimony or child support. However, be aware that child support and alimony payments are non-dischargeable in a bankruptcy. In other words, these debts cannot be wiped out in bankruptcy. If you are paying child support or alimony, you may get behind on […]
Unfortunately, alimony and child support cannot be wiped out in bankruptcy. Alimony and child support are considered “priority” debts that must be repaid. In other words, the bankruptcy laws view alimony and child support as very important debt that one cannot just wipe out with a bankruptcy. However, if you are behind on your alimony […]