Can filing for bankruptcy get rid of my marital debt?
Question Details:
I am in the process of divorcing and will be taking on half the marital debt. I have no means to pay this debt and wanted to see if filing would release me from it.
That depends on what chapter you file and whether the marital debt was ordered by the family law court in the nature of alimony/support, or as part of the property settlement/marital equalization. If the former, it is not dischargeable in any bankruptcy case. If the latter, it may be dischargeable in a Chapter 13 case. The debt is owed to your (ex) spouse.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
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