Will filing for bankruptcy discharge child support or spousal support obligations?
It is a commonly held belief that after successfully filing for bankruptcy a filer’s debt is completely discharged and they are given a fresh start. However, certain types of debt are non-dischargeable in any type of bankruptcy proceeding. These include student loan debt, tax debt, child support debt and spousal support debt. The idea behind disallowing the discharge of these debts is based on public policy considerations.
Importantly, there is a difference between marital debt and spousal support debt. Marital debt is that which is assigned as a result of a divorce or settlement agreement. This debt may have been for any joint purchases that were made prior to the divorce. In certain situations, marital debt may be dischargeable through Chapter 13 bankruptcy. Spousal support, formerly known as alimony, is the court-ordered cash payment from one spouse to another. When someone falls behind on these payments, the turn into non-dischargeable debt.
If you are unsure about whether certain debts are dischargeable through bankruptcy, contact a bankruptcy lawyer for immediate assistance.
Other Frequently Asked Questions:
- Are alimony debt and payments dischargeable in bankruptcy?
- Are my student loans dischargeable in bankruptcy?
- Are tax liens dischargeable in bankruptcy?
- Can a Chapter 7 bankruptcy save my home from foreclosure?
- Can a creditor repossess my car without informing me?
- Can bankruptcy help my credit score?
- Can bankruptcy help with my income tax obligation?
- Can bankruptcy protect my workers compensation settlement funds?
- Can I discharge my old tax debt in bankruptcy?
- Can I file for social security disability while I’m still working?
- Can I keep my cellphone after I declare bankruptcy?
- Can I receive workers compensation benefits if I was injured before or after clocking out?
- Can my re-enlistment bonus be discharged in bankruptcy?
- Can student loan debt be discharged through bankruptcy?
- Can the bankruptcy trustee in my case seize the funds in my bank account?
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- Where would my bankruptcy case be filed, and where would the hearings be held?
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