Can debts from a divorce settlemeny be discharged in bankruptcy?

UPDATED: Jan 26, 2013

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Can debts from a divorce settlemeny be discharged in bankruptcy?

I’m asking on behalf of my husband. His ex-wife filed for divorce and slipped all her debt into the divorce decree (she changed the paperwork at the last minute without notice; it’s a long story). The judge ruled that he is to pay half the debt she accumulated during the marriage. Her lawyer made a verbal agreement with him about making monthly payments and stated she would file the paperwork and send it to him, which she never did. Now, he is being held in contempt of court by his ex-wife. He is considering filing bankruptcy because he is a full time student with no income and is unable to pay her. Will bankruptcy wash all of the money owed for her debt? No children, no alimony or spousal support from divorce.

Asked on January 26, 2013 under Bankruptcy Law, Michigan


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He may in fact be able to discharge the debts assigned to him in the divorce decree and he should speak with a bankruptcy attorney about same.  He may only be able to file a Chapter 13 Bankruptcy rather than a Chapter 7 as it is a broader bankruptcy proceeding.  Good luck.

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