Legal Question in Bankruptcy in Kentucky

Re: Divorce Decree

Federal law (Bankrutpcy) is superior to state law. However, you may file a proof of claim. Unless her debt to you is secured, (and even if it is under Chapter 7), you are likely to receive no money.

Re: Divorce Decree

If the money you are owed is "alimony, maintenance or support", a bankruptcy will not discharge the obligation to pay. However, what is "alimony, maintenance or support" is sometimes not that easy to tell: some court cases interpret payment obligations not to be alimony, maintenance or support even if the divorce decree designates them as such.

If the obligation is not alimony, maintenance or support, it might still be nondischargeable in bankruptcy if you have timely filed an adversary action seeking review of it: It might be nondischargeable if the debtor has the ability to pay, and if the equities of harm / benefit to one party versus the other weighs in your favor.

This is a very gray area, and you might be well advised to have an attorney review the matter. And, as quickly as possible, since the adversary proceeding must be brought fairly quickly, or the opportunity is lost.

If you have any questions, please feel free to contact me at 859-261-6811 (Newport KY office)