Can I file bankruptcy on half of a martial debt excluding student loans?

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Can I file bankruptcy on half of a martial debt excluding student loans?

After my divorce I’m to pay half of all martial debt plus child support for my 2 children, I have nothing left to live on, I am now forced to live with my mother rent free until I can support myself. I’m I able to file bankruptcy on this martial debt excluding student loans?

Asked on February 27, 2012 under Bankruptcy Law, Kentucky

Answers:

Debbie Bowman / Bowman Law Office, PSC

Answered 9 years ago | Contributor

If you were ordered under a divorce decree to pay specific debts, then they are not dischargeable in bankrutpcy. This means that, if a divorce decree said, (Husband shall pay the joint debt on the Visa card), then the visa card debt becomes non-dischargeable. If your divorce decree states more generally that you are each to pay your own debts, then you can discharge that debt. It sounds like you already know that studen loans cannot be discharged. I suggest you consult with an attorney regarding your specific circumstances. The initial consultation is free, so it will not cost you anything to find out about your specific circumstances. When you meet with an attorney it will be a good idea to take a copy of your divorce decree to the meeting.


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