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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12859
Experience:  B.A.; M.B.A.; J.D.
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In Connecticut- I am considering filing for bankruptcy and

Resolved Question:

In Connecticut- I am considering filing for bankruptcy and I am anticipating a lump-sum alimony payout in a divorce with in the next month or so. My debts are around 300k, my payout about 10k. How to I minimize the possibility of losing my alimony payout?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.

Chances of you losing 10k alimony payment through bankruptcy are not very likely.

 

You should wait to file for bankruptcy protection 91 days after you receive the payout so that you can use it for your expenses. Depending on what your mortgage/rent is, the 10k can be used to pay it. Then wait at least 91 days from the date of the receipt to file for bankruptcy protection.

 

75% of your alimony payment is exempt under Connecticut General Statutes Section 52-352b(n). So, $7,500.00 of the 10K will be exempt using Connecticut bankruptcy exemption scheme, if necessary. Then using the wild card exemption under section 52-352b(r), you can exempt additional $1,000.00. If you are using the federal exemption scheme, you can exempt the whole amount using the exemption under 11 U.S.C. 522(d)(5)

 

 

 

Customer: replied 4 years ago.
Hi Attorney Phillips- one last question; can you clarify what you mean by exempt? Exempt as income or an asset? And would I have to spend the 10K before filing in order to protect it from claims?

Also, if my creditors begin to file suits against me before 91 days, can they request a lien on my payout?
Expert:  Phillips Esq. replied 4 years ago.

 

Hi Attorney Phillips- one last question; can you clarify what you mean by exempt?

 

Response 1: Exempt means, that your creditors cannot touch it, or in case of bankruptcy filing, the Trustee cannot touch it, your creditors in the bankruptcy case cannot touch it. It is excluded from execution to satisfy any judgment against you.

 

Exempt as income or an asset?

 

Response 2: Exempt it as an asset

 

And would I have to spend the 10K before filing in order to protect it from claims?

 

Response 3: Usually, that is the best course. However, you do not have to as long as you are able to exempt it on your bankruptcy case. Although, some Trustee will require that you still exempt it even though that you have already spent it.

 

Also, if my creditors begin to file suits against me before 91 days, can they request a lien on my payout?

 

Response 4: That is highly unlikely. Before they can put a lien on the payout, they must have the knowledge that the payout exists in the first place. In any event, generally, before they put a lien on any of your assets, they must file a lawsuit, prevail on the lawsuit--obtain a Judgment against you before they can put a lien on your assets. Again, if they do not know about the assets, they cannot put a lien on them.

 

It is strongly suggested that your contact a local bankruptcy attorney for further explanation of your rights and responsibilities.

 

 

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12859
Experience: B.A.; M.B.A.; J.D.
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