Chino Hills, CA asked in Bankruptcy for California

Q: Can a husband file bankruptcy in a divorce case to prevent the wife from getting alimony or property?

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1 Lawyer Answer
Answered
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: I can't think of how filing for bankruptcy would accomplish such goals. You can't file bankruptcy in a divorce case. Bankruptcy is a separate legal matter handled in the bankruptcy court, under federal court system. A debtor files the case with the Bankruptcy court. Family law matters are handled in the state courts. If a spouse is awarded support by the family court, the other spouse is obligated to make those court ordered payments. Support obligations are not dischargeable in bankruptcy.

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