help!
Date: Thu, 02/17/2011 - 10:07
I have had a divorce. & was tricked very badly. after signing my divorce papers & not getting a copy (because we were trying to do it ourselves to save money.) My now ex-wife added things into the papers before final filing. so now I am responsible for some things That I should not be. Like a motorcycle that disappeared a few days after the filing was done. & I owe her a small amount of money. I want to know if I can claim any of this on a bankruptcy?The money I owe her & her attorney? can I claim that ? everything else I'm fairly clear on.
In a Chapter 7, obligations arising out of a divorce decree rega
In a Chapter 7, obligations arising out of a divorce decree regardless of why, are simply not dischargeable. See 11 USC 523(a)(5) and (a)(15).
In a Chapter 13, obligations arising out of a divorce decree that are "in the nature of support" are not dischargeable. All others are but a Bk judge has the independent ability to determine if the obligation is "in the nature of support" regardless of what the divorce decree calls it. See 11 USC 1328(a)(2).
Also see 11 USC 101(14A) for the definition of "domestic support obligation" as it relates to my reference to "in the nature of support".
Des.