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Divorce and Bankruptcy

If you are considering filing bankruptcy, whether you are in the middle of a divorce proceeding or have already gotten a divorce, you need to consult with an experienced bankruptcy attorney. Former spouses have certain rights under the Bankruptcy Code that may prevent obligations assigned or decreed to them by a Divorce Court from being discharged in bankruptcy. For example, a support obligation, often in the form of child support or alimony cannot be discharged by a Bankruptcy Court.

In the alternative, other obligations, such as an award of attorney's fees, the division of joint debts and other obligations awarded to an ex-spouse may be dischargeable under Chapter 13 and not dischargeable under Chapter 7.

If an ex-spouse has filed a bankruptcy or if you are contemplating filing a bankruptcy please consult with a bankruptcy attorney who understands this area of the law.

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