Legal Question in Bankruptcy in Minnesota

Bankrupt colorado affective in Minnesota

I was divorced in minnesota, judgment was entered aginst me, now warrant is issued for non payment of the final order which I was never notified of the initial proceedings in the first place. If I file bankruptcy in Colorado (whic is my residence) will I be relieved of all obligation of debt in Miniesota and there fore all debt and responsibility fall back on my spouse. or do I have to file in Colorado and Minisota


Asked on 11/30/01, 2:49 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Bankrupt colorado affective in Minnesota

Ordinarily if you were orderd to pay something as part of a divorce decree, it is not dischargeable in a chapter 7 bankruptcy. Up until a few years ago it was, but congress closed that gap.

If you live in Colorado, that's your state of redidence and you can't file bankruptcy anywhere else. But bankruptcy is federal and the discharge appllies nationwide if you could get one.

You might be able to file a chapter 13 bankruptcy and at least set up a payment plan to take care of the problem.

Best bets: either make arrangements to pay on your own or look into a Chapter 13.

The warrant you refer to sounds like a citation for contempt of court. Whether that can be transfered to your state is something I would have to research. If it's not contempt of court, then I don't know what it could be.

Assuming you are going to take care of the underlying problem one way or another, you should enlist the help of a lawyer - one in your own state should be able to handle it (as a matter of courtesy the courts here in MN would probably let him)- to help you get rid of the contempt citation.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship.

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Answered on 11/30/01, 11:36 am


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