Legal Question in Bankruptcy in Alabama

Re: Bankruptcy to avoid divorce judgement

Such debt is an exception to discharge under 11 USC 523(a)(5):

(a) A discharge under ... of this title does not discharge an individual debtor from any debt�

(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that�

(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or

(B) such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support.

In other words, you cannot discharge it unless it has been assigned to someone other than your ex-wife; or it is not true alimony, maintenance or support.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)

Renee C. Walsh

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