Legal Question in Bankruptcy in New York

alimony payments

my x husband is filing bankruptcy chapter 7, he has remarried, but is filing on his own. I would like to know if if need to be there for the bankruptcy hearing. The debts are from our marriage and his current marriage. Are my half of his 401k and pension pay out involved. Do I need to get a lawyer. The divorce state that he is to pay these debts. I have statements that the majority of the charges he created on the cc were his doing; plus he created new debts. I have not been notified to appear in court. My only notification I received is that he is filing bankruptcy.


Asked on 1/23/01, 10:25 pm

1 Answer from Attorneys
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: alimony payments

True alimony, maintenance and support (for a former spouse or child) are not dischargeable debts in bankruptcy, and the filing doesn't enjoin efforts to collect same from a spouse who has filed for bankruptcy relief. Other types of debt incurred by the filing ex-spouse in connection with a divorce, separation, divorce decree or separation agreement, such as equitable distribution, may or may not be dischargeable in bankruptcy depending on several factors. Generally, an interest in a 401(k) or pension plan or IRA is a wholly exempt asset in a bankruptcy case, and in any event an asset of a non-filing spouse is not an asset of the bankruptcy estate of the spouse who does file for bankruptcy relief. If your ex-spouse has not listed you in his petition, then you won't get notice of the case, but under the circumstances, you may want to retain counsel to represent your interests to the extent that they may be impacted by the filing.

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Answered on 3/07/01, 8:35 am


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