Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
It is not true that someone filing a Bankruptcy has to have verifiable income for the 12 months before filing.
In fact, there is no requirement that a Bankruptcy filer have any income at all before filing.
And it is not true that the debtor has to show there are some funds to pay creditors, as there is no requirement to pay anything to creditors.
Most Chapter 7 Bankruptcy filers pay nothing to creditors.
The main requirement for filing a Chapter 7 is the debtor must earn less than a certain amount per month. This amount depends on the size of the debtor's household, and on the state in which the debtor lives.
Wow! What bad info that was. Can you discharge judgments from divorce that specify they cannot be discharged in bankruptcy?
There are 2 main types of divorce decrees - those that require payments directly to the ex-spouse, and those that require payments to a third party (such as a mortgage company).
The first type (payment to an ex-spouse) is not dischargeable in a Bankruptcy, the second type (payment to a third party) is dischargeable.
The fact that a judgment from a divorce says it cannot be discharged in a Bankruptcy does not mean the judgment cannot be discharged.
If the judgment says the payment is to be paid to a third party, the judgment can be discharged, even if it says it cannot be discharged.
there are alimony judgments for past unpaid alimony, alimony that is still due for 121 months, and a $71,000 payable to me for having taken all of my returement monies.
Are you asking if your ex-spouse can have these judgments discharged in a Bankruptcy?
an additional $3,000 for dental injuries as a result of abuse payable to me, $1,500 to repay me for atty fees
Thank you for your response.
These judgments cannot be discharged in a Bankruptcy - because they are supposed to be paid to you.
each judgment carries the "this judgment is not dishargable in bankruptcy"
That does not matter. What matters is the money was ordered to be paid to you.
If the money was ordered to be paid to someone else (for example, if the $3,000 was supposed to be paid to your dentist), then that $3,000 portion would be dischargeable, even though the judgment says it is non-dischargeable.
But if all the judgments say the money has to be paid to you, then you do not have to worry - your ex-spouse cannot have those obligations discharged.
None of them were ordered payable to others...all to me, and I made sure the bankruptcy wording was included.
This is pursuant to Bankruptcy Stat. 523(a)(15).
Of course...I haven't been paid a thing and spending more to try and collect something! :) I really appreciate this info as I know he is attempting to file Ch 7 to get out of this.
If his main reason to file a Bankruptcy is to avoid paying you, then he is wasting his time.
However, if he gets his other debts discharged (such as credit cards), then he may have more money available to pay you.
That is good news! Thank you again...it has been my pleasure!