Full question:
I am looking to file Chapter 7 bankruptcy protection (pro se because I cannot afford an attorney). Am Recently divorced (ex-spouse resides in SC, I reside in NY), I am current with alimony/child support obligations, but have incurred one joint debt of $8 k as part of our divorce settlement. I have no assets (e.g. cash, house, stocks, rental property etc.)and did pass the Ch. 7 means test. My question is, according to 11 U.S.C.523(a)(15), one cannot discharge property settlement agreements, but can I include the joint debt in my Chapter 7 petition on Schedule F anyhow? Decree states, 'Defendant will be responsible for payment or any other joint accounts', but does not list the specific debt/account or repercussions if payments not made. If I do, then do I need to include ex-spouse on Schedule F too or is Schedule H sufficient as co-debtor? I am okay with letting ex-spouse know I am filling bankruptcy. Will the trustee remove the joint debt and only discharge the non-joint accounts? Or does it make more sense to file Chapter 13, which I am opposed because I do not want to be controlled by the courts for the next 3-5 years paying back.
- Category: Bankruptcy
- Date:
- State: New York
Answer:
Please see the following information from the following site:
https://www.vtbar.org/Images/Journal/journalarticles/Spring2006/BankruptcyUpdate.pdf
"Since October 17th, with the modification of Title 11 U.S.C. § 523(a)(15), one other significant debt may now be dischargeable under Chapter 13 but not under Chapter 7. BAPCPA deleted the two “tests” satisfaction of which had been required in order for a debt arising from a divorce or separation to be excepted from discharge. Now all debts to a spouse, former spouse, or child of the debtor that (a) are not Domestic Support Obligations (“DSOs”) and (b) were incurred in the course of a divorce or separation or in connection with a separation agreement, divorce decree, or other order of a court of record, are excepted from discharge in Chapter 7. However, Title 13 § 1328(a)(2), specifying the non-dischargeable debts under Chapter 13, makes no reference to the § (a)(15) non-support marital debts."
We are unable to advise you on what form ro file or which Chapter to file, as this service provides information of a general legal nature. We suggest you consult a local bankruptcy attorney who can review all the facts and documents involved.
See also:
http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
