Legal Question in Credit and Debt Law in Wisconsin
Does Wisconsin Family Law override a bankruptcy if the Divorce papers say that Party A will be responsible for the mortgages and Party B will not. But then 4 years later Party A files bankruptcy do to loss of job and living changes?
1 Answer from Attorneys
Sometimes, divorce law can overrule bankruptcy if the bankruptcy judge consents, but just like so many other legal matters, the protection is not automatic; you might need to fight for it and take him or her back to court (either or both the family court and the bankruptcy court). Bankruptcy courts employ a complex balancing test to re-evaluate which spouse is best capable of handling the debt in the new scenario of insolvency. This is an extremely common issue for divorcing couples, and the solutions to it are far less than perfect. Talk to an experienced bankruptcy lawyer about the details if you are facing this situation.
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