Does being divorced affect bankruptcy?

Yes, it might in several ways. There are certain debts that may be incurred during a divorce through a written court order or property settlement that may not be dischargeable in a Chapter 7 bankruptcy.

An experienced attorney will need to review a divorce decree to determine whether you may face contempt actions for filing to abide by the order following completion of a Chapter 7 bankruptcy. A Chapter 13 may be used as a “super-discharge” to eliminate non-child support divorce orders.

In addition, property that you may receive in the future through a divorce decree may be taken in a Chapter 7 filing. Any time there is a divorce that is pending or recently completed, you should advise your attorney of this fact and supply a copy of the divorce decree and property settlement.

 

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*Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott & Associates, P.C., are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.