My ex-spouse owes me money for alimony, child support and from a property settlement agreement but he just filed for bankruptcy. Now what?
The good news for you is that if your ex-spouse filed for Chapter 7 bankruptcy relief, the provisions of the bankruptcy code, 11 U.S.C . § 523(a)(5) and § 523(a)(15) are broad and sweeping and will prevent your ex-spouse from discharging any of these obligations. In fact, alimony and child support are virtually non-dischargeable under any form of bankruptcy relief.
However, if your ex-spouse files for Chapter 13 bankruptcy relief (plan of repayment), (s)he will or may be able to discharge obligations under a property settlement agreement based on the language of 11 U.S.C. § 523(a)(15).
