Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
A detriment-benefit analysis is not used to determine whether a debt that arises from a property settlement is dischargeable in a Bankruptcy.
The thing that determines whether an obligation that arises from a divorce settlement is dischargeable is to whom the obligation is owed.
if the debt is owed to the former spouse, the debt is not dischargeable in a Chapter 7, but if the debt is owed to any other party - such as a mortgage company - then that debt is dischargeable in a Chapter 7 Bankruptcy.
Since your hold harmless provision involves payment to mortgage companies, and not to your ex-wife, that obligation is dischargeable in a Bankruptcy.