Legal Question in Bankruptcy in Virginia
Court-Ordered Debts
In the state of Virginia, can an individual file a Chapter 7 Bankruptcy to clear a court-ordered divorce settlement debt amount and/or ''alimony for life'' payments?
Husband has filed Chapter 7 Bankruptcy in order to clear his divorce settlement debts and monthly alimony payments to wife of a 32-year marriage. Please help.
1 Answer from Attorneys
Re: Court-Ordered Debts
Alimony and support cannot be discharged. Other divorce related debts are discharged unless the creditor/ex-spouse files a complaint objecting to dischargeability of the debt, in which event essentially a balancing test is applied. If you are the creditor/spouse, you need to act fast, as there is a 60-day deadline to file.
We handle these cases throughout most of VA. Please feel free to contact us if you have further questions.
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