We recently posted this answer on our Bankruptcy Blog and thought that it could be useful to our family law audience as well.
Under the current Bankruptcy Code, a debtor who files a Chapter 7 bankruptcy will not receive a discharge from debts defined in paragraph 5 of 11 U.S.C. § 523(a) as "domestic support obligations" or debts under 11 U.S.C. § 523(a)(15) owed "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."
"Domestic support obligations" are defined by 11 U.S.C. § 101(14A) as debts "in the nature of alimony, maintenance, or support" owed to a spouse, former spouse, or child.
These limitations on dischargability therefore apply to both child support and alimony, as well as other potential obligations under a divorce decree, such as agreements to pay joint debts or obligation to pay an ex-spouses attorney fees.
If your ex-spouse does file for bankruptcy, you may need to file responsive pleadings and argue this issue in front of a Judge if the debtor seeks to discharge the debt. If you fail to dispute the discharge, that could result in the debt being discharged. Though this is very unlikely, if you are not sure how to protect your rights you should consult with an attorney.
Tuesday, September 18, 2012
Saturday, September 15, 2012
I'm Separated, Why Should I get Divorced? - Reason #4: Remarriage
Reason #4 Not to Wait: Remarriage
Almost every client who consults with us about divorce indicates they have no intention of getting remarried. And who can blame them for saying that when in the middle of a divorce? But the statistics say otherwise. Most people will get remarried after a divorce, and if you are separated and meet someone you want to marry, you will now have to wait for your divorce process to be complete. You can't simply get remarried like Richard Barton Jr. of Grand Rapids, Michigan, who was charged with Bigamy for getting remarried before being divorced (and who got caught because he was dumb enough to post his new marriage photos on Facebook).
Divorces can take years depending on how complicated the issues are and how much either party wants to fight. If you meet someone new will they want to wait that long? Will you? And how will having this third party involved in your life affect your finances (which can be discussed in court)?
If you don't want to face these problems, then consider what you are waiting for if you know your marriage is over. If there is no chance of reconciliation, then there are some pretty good reasons to move on with your life.
Almost every client who consults with us about divorce indicates they have no intention of getting remarried. And who can blame them for saying that when in the middle of a divorce? But the statistics say otherwise. Most people will get remarried after a divorce, and if you are separated and meet someone you want to marry, you will now have to wait for your divorce process to be complete. You can't simply get remarried like Richard Barton Jr. of Grand Rapids, Michigan, who was charged with Bigamy for getting remarried before being divorced (and who got caught because he was dumb enough to post his new marriage photos on Facebook).
Divorces can take years depending on how complicated the issues are and how much either party wants to fight. If you meet someone new will they want to wait that long? Will you? And how will having this third party involved in your life affect your finances (which can be discussed in court)?
If you don't want to face these problems, then consider what you are waiting for if you know your marriage is over. If there is no chance of reconciliation, then there are some pretty good reasons to move on with your life.
Friday, September 14, 2012
Just An Average Day in Court (Video)
It's important to remember that no matter how difficult a divorce is, life always goes on. That's why we sometimes like to post items that show the lighter side of life (hopefully without making light of a difficult time).
We hope you enjoy this court-themed remake of the popular YouTube video, Jill & Kevin's wedding entrance dance:
We hope you enjoy this court-themed remake of the popular YouTube video, Jill & Kevin's wedding entrance dance:
Thursday, September 13, 2012
Massachusetts House of Representatives to Vote on CORI Reform
On Wednesday, May 26, 2010, the Massachusetts House of Representatives will vote on legislation to reform Criminal Offender Record Information (CORI) laws (House No. 4703).
According to the MBA "The purpose of CORI reform is to better facilitate the rehabilitation of offenders back into society and thereby increase public safety. We support efforts to correct some of the unfairness and injustice which occurs by the continued presence and use of inaccurate CORI. CORI laws need to be revised to provide our citizens with greater accuracy, earlier sealing of records and greater clarity in the reports."
The Massachusetts Senate has already passed sentencing legislation that included similar CORI reform and passage of the House Bill will result in a committee being formed to iron out the differences between the two bills (the next step towards having the legislation enacted).
These reforms to the CORI system are supported by the MBA and you should call your state representatives and ask them to vote in support of this bill on Wednesday, May 26 at 11am.
To find who your Rep is, go to www.wheredoivotema.com or call 1-800-462-VOTE (8683) and enter your address.
According to the MBA "The purpose of CORI reform is to better facilitate the rehabilitation of offenders back into society and thereby increase public safety. We support efforts to correct some of the unfairness and injustice which occurs by the continued presence and use of inaccurate CORI. CORI laws need to be revised to provide our citizens with greater accuracy, earlier sealing of records and greater clarity in the reports."
The Massachusetts Senate has already passed sentencing legislation that included similar CORI reform and passage of the House Bill will result in a committee being formed to iron out the differences between the two bills (the next step towards having the legislation enacted).
These reforms to the CORI system are supported by the MBA and you should call your state representatives and ask them to vote in support of this bill on Wednesday, May 26 at 11am.
To find who your Rep is, go to www.wheredoivotema.com or call 1-800-462-VOTE (8683) and enter your address.
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