Legal Question in Bankruptcy in West Virginia

Court-ordered financial obligation

The scenario: An ex-wife was court-ordered to make the mortgage payment until the ex-husband remarries. She is contemplating filing bankruptcy. Will the bankruptcy court even consider discharging a debt that has been court-ordered? She has already advised the ex-husband (without seeking any legal advice) that he has to be responsible for half of the mortgage payment because she's in trouble, financially. (This amount equals approximately half of his income. He is disabled and living on a fixed income.) Also, if she doesn't declare bankruptcy, she intends to sign the house over to him, once she clears existing tax liens against it. (And, he certainly can't afford the payment)


Asked on 11/06/03, 7:25 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Court-ordered financial obligation

Divorce court ordered payments can be in the nature of property settlement or alimony. The issue can be decided in bankruptcy court. The non-filing party would have to bring an adversary proceeding within 60 days of the meeting of creditors. Otherwise, the debt of the filing spouse will be discharged and the lien upon the real estate would remain. Unless the nonfiling spouse paid the full amount, the house would likley be sold.

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Answered on 11/07/03, 8:19 am


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