Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Would he have to admit to wrongdoing?
Under bankruptcy law section 523(a). The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties, debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated, debts owed to certain tax-advantaged retirement plans, and debts for certain condominium or cooperative housing fees.
If your spouse makes an agreement for settlement and does not in any way state or admit that he caused willful and malicious injuries to person or property he would be able to discharge the settlement
Any settlement should be drafted by an experienced attorney who understands the law,
especially of bankruptcy so he can make the settlement
discharged in a possible bankruptcy
I would also consider protecting the home since it is paid for,
as if you file bankruptcy it can be taken to pay off creditors
That may protect the house, if the house was given to you in the divorce
I would also force them to sue you in court and see if they actually do it.
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Thank you and good luck
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