What to do about a bankruptcy and a divorce?

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What to do about a bankruptcy and a divorce?

My ex-wife and I were divorced in January this year. It stated in the divorce decree that I would receive 100% of the tax refund for last year; she filed for Chapter 13 the next month. I received some paper work from here trustee stating saying that any refund she got would have to be turned over to him. According to the divorce decree we have to file together for last year. How does this affect what the divorce paper work says?

Asked on September 18, 2013 under Bankruptcy Law, Texas

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

You will have to file a claim as a priority creditor in the bankruptcy proceeding.  Under the bankrupcy code, debts incurred as a result of a marital settlement or divorce decree are non-dischargeable. (11USC523(a)(5).  You might have to wait a while but your share of the refund granted by the Divorce devree is not property of the estate and you should prevail.

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

You will have to file a claim as a priority creditor in the bankruptcy proceeding.  Under the bankrupcy code, debts incurred as a result of a marital settlement or divorce decree are non-dischargeable. (11USC523(a)(5).  You might have to wait a while but your share of the refund granted by the Divorce devree is not property of the estate and you should prevail.


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