Atlanta, GA asked in Bankruptcy and Divorce for Georgia

Q: I got a letter about my ex-husband's bankruptcy case stating "a discharge under 11 U.S.C. & 727 is granted".

Our divorce was finalized 7 months ago, and the judge ordered him to pay me some money. I am wondering if he still has to pay me or not, and what do I need to do next? I have tried to call bankruptcy lawyers, but everyone I have talked to says they work for the people that declare bankruptcy, not for someone who is listed as a creditor in a bankruptcy case.

Thank you in advance!

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3 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: Most divorce settlements are not dischargeable in bankruptcy. You need to consult with an attorney who can review your agreement, determine what type of payments he owes and then give you advice.

Lloyd M. Nolan , Timothy Denison and Michael D. Birchmore agree with this answer

1 user found this answer helpful

Lloyd M. Nolan
Lloyd M. Nolan
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Chesterfield, MO

A: Regina Edwards' answer is correct.

The applicable statute is 11 U.S.C. 523 (a) 15, which provides that an individual is not discharged from any debt ...

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;

Timothy Denison and Michael D. Birchmore agree with this answer

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: He still has to pay you. Most domestic support obligations are not discharged in bankruptcy.

1 user found this answer helpful

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