Legal Question in Bankruptcy in Illinois

Bankruptcy and spousal support

In was in chapter13 bankruptcy prior to my spouse filing for divorce. During the proceedings she requested spousal support to pay debt owed to two of her creditors.

Is she required, to seek relief of the automatic stay?

Is she required to petition to the bankruptcy court that this is in the nature of support and not property settlement?

My bankruptcy case has since been discharged; can a motion to re-open be filed to request the bankruptcy court to discharge me from this obligation?

Thanks,


Asked on 6/28/07, 5:25 pm

2 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Bankruptcy and spousal support

First of all, you cannot discharge a debt that incurs after the fact you filed bankruptcy, so no you cannot reopen the bankruptcy to discharge that obligation.

Additionally, you said she requested the support, not that she actually obtained it? If this was after the fact you filed there is no stay to lift. Without knowing the timing, it's hard to have a better answer.

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Answered on 6/28/07, 7:59 pm
Alton Drew Alton Drew, LLC

Re: Bankruptcy and spousal support

Your wife was not a creditor. This matter is best addressed in your divorce proceeding.

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Answered on 7/04/07, 7:40 pm


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