Legal Question in Bankruptcy in Missouri

Your attorney is correct. The applicable portions of Title 11 of the United States Code ( dealing with bankruptcy) is:

�523 Exceptions to Discharge: (a) A discharge under section 727, 1141, 1228(a), 1228(b) or 1328(b) does not discharge an individual debtor from any debt (5) for a domestic support obligation

Section 523 is nothing new; it�s been around quite a while. But until the passage of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act, the definition of a domestic support obligation was pretty well confined to child support and alimony/maintenance. However, the 2005 expanded this definition. The expanded definition appears in Section 101, and reads:

�101 Definitions: In this title, the following definitions shall apply:

(14A) The term �domestic support obligation� means a debt that accrues before, on or after the date of the order for relief in a case under this title including interest that accrues on that debt as provided under applicable nonbankruptcy law nothwithstanding any other provision of this rule that is

(C ) established or subject to establishment before, on, or after the date of the order for relief in a case under this title by reason of the applicable provisions of

(i) a separation agreement, divorce decree or property settlement agreement

The expansion of the definition of "domestic support obligation" to include any debt that accrues by reason of a divorce is what makes the debt nondischargeable.

A fair number of attorneys have not yet caught on to this fact, and continue to advise their clients to do the divorce before the bankruptcy. Of course, this means that the now-divorced debtor is pretty well out of luck. Kudos to your attorney for giving you correct advice.