Legal Question in Bankruptcy in Virginia

Re: non-dischargeable debts in bankruptcy

Yes, they are non-dischargeable.

Re: non-dischargeable debts in bankruptcy

I read Mr. Ward's reply in which he says they are non-dischargeable. That about says it all except for one thing.

Just as certain taxes are and just as student loans are, they are non-dischargeable without any action by the creditor, i.e., the party to whom you are ordered to pay the support.

Other non-dischargeable debts, including obligations under a Separation Agreement or divorce order may require the beneficiary of the agreement or divorce court order, to file an adversary complaint in bankruptcy court to ask the court to hold the debt non-dischargeable. Works the same way with such nominally non-dischargeable debts as bad checks, for example.

Re: non-dischargeable debts in bankruptcy

Under Chapter 7 and Chapter 13 of the Bankruptcy Code, alimony, maintenance and support obligations are non-dischargeable. The bankruptcy Code sections that apply are U.S. Code section 523(a)(5) and U.S. Code section 1328.