Q: Can I go bankrupt post divorce to avoid paying a property settlement while still keeping my home? Chapter 13?
basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,
A: No. You cannot bankrupt a divorce settlement.
A: Good morning. My answer is general in nature and if you would like a specific answer based on your facts, feel free to contact my office or another bankruptcy practitioner. A general answer is no, you will likely not be able to discharge the divorce settlement in a bankruptcy, however, there may be exceptions and you should be able to file a chapter 13 to create a feasible payment plan over an extended term possibly paying the settlement in full over the plan itself.
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