Legal Question in Bankruptcy in Florida

I am considering filing chaper 7. I divorsed in 2002 and have had to pay 2800/mo for alimony. due to job cuts and down turn in economy, my pay was greatly reduce over the past few years. i had tried to modify but was denied. my ex has just remarried but i am still 36,000 in arrears and unemployed. can I be relieved of arrearage and attorney fees due her bu going bankrupt?


Asked on 1/20/10, 9:06 am

2 Answers from Attorneys

Robert Wilcox Wilcox Law Firm

No. Certain types of debts cannot be discharged (gotten rid of) in bankruptcy.

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Answered on 1/25/10, 11:18 am
Brent Rose The Orsini & Rose Law Firm

Maybe. As a general rule, alimony can't be discharged (erased) in bankruptcy. But you should consult with the bankruptcy attorney to see if your case falls into one of the exceptions. I assume you are aware that her remarriage most likely terminates your current alimony. I doubt that her bankruptcy will have any effect on your your owing arrearage and attorney's fees.

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Answered on 1/25/10, 1:00 pm


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