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If in a divorce decree it is court ordered for the credit…

Customer Question
if in a divorce decree...
if in a divorce decree it is court ordered for the credit card debt to be paid by both parties can one party include that debt into a bankruptcy
Submitted: 9 years ago.Category: Bankruptcy Law
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Answered in 7 hours by:
1/14/2009
Bankruptcy Lawyer: JP, Attorney replied 9 years ago
JP
JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience: Represented creditors and individuals in bankruptcy and consumer matters.
Verified

Yes, if a party wants to discharge certain debts that have been court ordered in a state divorce court proceeding or order, they are allowed to do so because bankruptcy is federal law and trumps the state court order. It is very unfortunate, but often times an ex-spouse will use the bankruptcy system in an effort to discharge debts they were ordered to pay in their divorce decrees. However, you have the option of hiring your own bankruptcy attorney to see if you can object to the dischargeability of those debts. Have a bankruptcy attorney in your area review the divorce decree and discuss the debts included in the bankruptcy case and he or she can determine whether you have any basis to object to the dischargeability of certain debts.

I hope you found this information helpful.

Best Regards.

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