April 24, 2018

Alimony in Divorce & Bankruptcy

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In Divorce:
“In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall consider the evidence presented by each party and shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46b-81, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability and feasibility of such parent’s securing employment.” -Connecticut General Statutes Section 46b-82

In Bankruptcy:
Alimony is treated as ordinary income or a necessary expense (depending if you are receiving it or paying it) in Bankruptcy. Back-owed alimony is not discharge-able in Bankruptcy.

If you have questions about Divorce or Bankruptcy, please contact me here for a free consultation.

Questions Frequently Asked About the [Connecticut] Lemon Law Program

My vehicle meets the definition of a “Lemon” and my case has been accepted for arbitration.  Do I automatically get a refund or replacement vehicle?

The law provides basic guidelines for remedies, but there is no fixed rule.  Each case is treated individually by the arbitration panel when determining an award.  If their decision is in your favor, the award will generally be:
  • A replacement with a comparable new car.
OR
  • A refund of the contract price.  The arbitrator may or may not award a mileage deduction for the use that you have had of the vehicle.  The statutory mileage deduction is computed by multiplying the present mileage of the vehicle times the contract price and dividing that figure by 120,000. Refund or replacement awards may also include reimbursement for other damages or costs.  We advise you to have receipts.
  • If the arbitrator finds the defects in question do not substantially impair the use, safety or value of the vehicle, a “no action” decision is rendered.  Therefore, no further action to remedy the problem shall be required of the manufacturer.  Your recourse at this point would be to seek legal counsel for private litigation against the manufacturer.  You could only reapply for Lemon Law arbitration for a different defect, which meets the eligibility requirements.
 When can I expect an arbitration decision?
The Department tries to resolve disputes within 60 days from the date the completed form is received to the date a decision is reached.  Once the arbitrator renders the decision, it cannot be changed or modified by the arbitrator or the Department.
What if I’m dissatisfied with the arbitration decision?
In most cases, the decision of the arbitrator will be final.  You will not be able to appeal the decision to the court except under very limited circumstances.  Therefore, if you are considering taking legal action against the manufacturer of your automobile, you should consult with a private attorney before signing the Agreement to Arbitrate. The best way to find out how to appeal a decision is to consult with an attorney.
When can I expect the manufacturer to comply with an arbitration award?
The written decision will state the exact date for performance.  The arbitrator will make every effort to see that the problem is resolved at the earliest possible date.  The Department will contact you within ten (10) days after the performance date to determine if the manufacturer has complied with the arbitrator’s decision.  If the manufacturer has not complied with the award, the case is referred to the Office of the Attorney General.
What if I request arbitration, but the manufacturer and I resolve the problem on our own?
You are free to reach a settlement through your own efforts at any time before the arbitrator renders the decision.  If this happens, you must contact the Department with the specific terms of the decision settlement.  The information should include the following:
   1.   The date on which you accepted the manufacturer’s offer of a pre-hearing settlement.
   2.   The specific terms of the pre-hearing settlement:
–   Was there a Refund or Replacement or Repair or Other Remedy?
–   Who will pay for the difference in model/year upgrade?  How much?
–   Will there be a deduction for mileage?
–   Who is responsible for registering the new vehicle, including cost?
–   Who is responsible for the difference in sales tax?
–   If the settlement is a repair, what happens if the repair does not work?
–   What type of warranty will be given with the replacement or repair?
–   What monies is the consumer responsible for?
–   What monies is the manufacturer responsible for?
   3.   The date by which the terms of the decision settlement will occur.
Before you accept an agreement from the manufacturer make sure all costs are in writing. This will avoid any problems or “hidden costs” when the exchange takes place. The Department has no jurisdiction over a pre-decision settlement.
If we reach an agreement on our own but the manufacturer then does not meet the terms, what should I do?
Notify the Department of Consumer Protection, Lemon Law Office in writing, if the terms of your settlement are not met within a specified time frame.  At that point, the State arbitration process may resume and a new hearing date scheduled.  Keep in mind, the Lemon Law legislation does not cover settlements made between a consumer and manufacturer prior to a decision by the arbitrator.
Certified manufacturer’s programs
If your manufacturer has an arbitration program that has been certified by the Office of the Attorney General, you will be required to use that program before you can be eligible for the Lemon Law arbitration program.  As of this printing no third party dispute resolution program has been certified by the Office of the Attorney General.
If you are injured by a procedure of a certified Manufacturer’s program, you may file a complaint with the Office of the Attorney General.  You may appeal to the state arbitrator for a new hearing.  The fees and procedures are the same as outlined earlier for arbitration hearings.
Your Right To Know:  posted notices in dealerships
If any manufacturer does not have an arbitration program certified by the Attorney General, then a conspicuous notice of the state-operated arbitration program must be prominently displayed in all car dealerships. Keep in mind, the Lemon Law Arbitration Program is designed for consumers and manufacturers, not dealerships.
REPOSTED FROM: http://www.ct.gov/dcp/cwp/view.asp?a=1646&Q=276158&PM=1

Nonadversarial Divorce (“Non ad”)

Nonadversarial Divorce is a simplified process by which eligible parties can obtain a divorce within 35 days without having to come to court and appear before a judge.

What are the benefits of a Nonadversarial Divorce?

  • You can obtain a divorce in days, as compared to the regular process, which takes at least 3 months
  • You don’t have to come to court
  • You can move on with your life more quickly

Are you eligible?

If you and your spouse meet the following criteria, you may be eligible:

  • We have been married 8 (eight) years or less
  • Neither of us is pregnant
  • No children were born to us or adopted by us before or during the marriage
  • Neither of us has any interest or title in any real property
  • The total value of all property owned by us is less than $35,000
  • Neither of us has a defined benefit pension plan
  • Neither of us has a pending bankruptcy
  • Neither of us is applying for or receiving Medicaid benefits
  • There is no other action for dissolution of our marriage pending
  • There are no restraining or protective orders between us

(Reposted from the Connecticut Judicial Branch Website)

Administration and Operation of the [Connecticut] Courts

The Chief Justice of the Supreme Court is the head of the Judicial Branch. Its administrative director is called the Chief Court Administrator.

Judicial Functions
The judicial functions of the Branch are concerned with the just disposition of cases at the trial and appellate levels. All judges have the independent, decision-making power to preside over matters in their courtrooms and to determine the outcome of each case before them.

Administrative Operations
The Chief Court Administrator is responsible for the administrative operations of the Judicial Branch. In order to provide the diverse services necessary to effectively carry out the Judicial Branch’s mission, the following administrative divisions have been created: Administrative Services Division | Court Support Services Division | External Affairs Division | Information Technology | Superior Court Operations

 

Administrative Services Division – Provides a wide array of centrally conducted, statewide services for the benefit of all divisions within the Judicial Branch, such as data processing, financial services, personnel matters and facilities management.

Court Support Services Division

  • Office of Adult Probation – Conducts presentence investigations ordered by the Superior Court and supervises probationers in all cases except juvenile matters.
  • Office of Alternative Sanctions – Creates and sustains a full range of alternatives to incarceration for both pre- and post-conviction adult and juvenile populations.
  • Bail Commission – Interviews and investigates individuals accused of crimes to assist the Superior Court in determining terms and conditions of pretrial release.
  • Family Services Division – Assists the Superior Court in the resolution of problems and the adjudication of cases involving family relationships, family support, child protection and juvenile delinquency. Among the services provided by the Family Division are: mediation of domestic disputes, evaluation of child custody and visitation conflicts, juvenile probation services, divorce counseling, residential placement, restitution and community services.
  • Division of Juvenile Detention Services – Provides pretrial secure detention and programming services to juveniles accused of delinquent acts.

External Affairs DivisionCoordinates a variety of legislative, educational and informational activities designed to inform and educate the public and private sectors about the mission, activities and goals of the Judicial Branch.

Information Technology Division –
The Information Technology (IT) Division consists of:

  • The Commission on Official Legal Publications (COLP) – COLP prints and distributes all Judicial publications including such things as the Connecticut Law Journal, Connecticut Reports, the Connecticut Practice Book and official court forms.
  • Judicial Information Systems (JIS) – JIS is responsible for Applications Development and Support, Network and Systems Support, Architecture & Standards as well as Service & Delivery Support.

Superior Court Operations – The Superior Court Operations Division includes the following:

  • Administration – Provides support services and guidance to all segments of the Division by directing the administrative, strategic planning, staff training and business activities, and provides for court transcript services, interpreter services, and the preservation and disposition of seized property; and, the maintenance, retrieval and destruction of records.
  • Court Operations – Ensures that the Superior Court Clerk’s offices process all matters in accordance with Statutory, Practice Book and Judicial Branch policy provisions in an efficient and professional manner through the provision of technical assistance and support services including the Centralized Infractions Bureau and Jury Administration.
  • Judge Support Services – Ensures the prompt delivery of services and programs to Superior Court judges and Family Support Magistrates pertaining to law libraries, legal research, judicial performance evaluations, continuing education and support for technology; and manages grants program.
  • Legal Services – Determines legal issues and provides support services in the areas of attorney ethics, discipline and bar admission.
  • Support Enforcement Division – Enforces, reviews and adjusts family support orders in accordance with federal and state regulation, rules and statutes.
  • Office of Victim Services – Advocates for victims of crime, arranges services, provides assistance and financial compensation.

(Reposted from the Connecticut Judicial Branch Website)

Organization of the Courts [In Connecticut]: Probate Court

In addition to the state-operated courts, Connecticut has probate courts, which have jurisdiction over the estates of deceased persons, testamentary trusts, adoptions, conservators, commitment of the mentally ill, guardians of the persons, and estates of minors.

Each Probate Court has one judge, who is elected to a four-year term by the electors of the probate district. There are 54 Probate Court districts and six Regional Children’s Probate Courts. State law requires that probate judges be attorneys, and they are paid through a statutory formula. Probate Courts are housed in municipal facilities, most often town and city halls.

(Reposted from the Connecticut Judicial Branch Website)

Organization of the Courts [In Connecticut]: Supreme Court

The Supreme Court is the state’s highest court. It consists of the Chief Justice and six associate justices. In addition, justices who are eligible and who have not yet attained the age of 70 may elect to take senior status and remain as members of the court.

Supreme Court Courtroom

A panel of five justices hears and decides each case. On occasion, the Chief Justice summons the court to sit en banc as a full court of seven, instead of a panel of five, to hear particularly important cases.

The Supreme Court reviews decisions made in the Superior Court to determine if any errors of law have been committed. It also reviews selected decisions of the Appellate Court.

Generally, the Supreme Court does not hear witnesses or receive evidence. It decides each case on:

  • the record of lower court proceedings;
  • briefs, which are used by counsel to convey to the court the essential points of each party’s case; and,
  • oral argument based on the content of the briefs.

State law specifies which types of appeals may be brought directly to the Supreme Court from the Superior Court, thereby bypassing the Appellate Court. These cases include: decisions where the Superior Court has found a provision of the state constitution or a state statute invalid and convictions of capital felonies. All other appeals are brought to the Appellate Court.

The Supreme Court may transfer to itself any matter filed in the Appellate Court, and may agree to review decisions of the Appellate Court through a process called certification. Except for any matter brought under its original jurisdiction, as defined by the State Constitution, the Supreme Court may transfer any matter pending before it to the Appellate Court.

(Reposted from the Connecticut Judicial Branch Website)

New Bankruptcy Form, Rules Take Effect

Individuals filing for bankruptcy under Chapter 13 must use a new form that presents their payment plan in a more uniform and transparent manner, and creditors will have less time to submit a proof of claim, under new bankruptcy rules and form amendments that took effect Dec. 1.

By creating greater uniformity of where specific types of information must be entered, the new national Chapter 13 plan form will make it easier for creditors, lawyers and judges to ensure that all elements of a bankruptcy agreement reached under Chapter 13 comply with federal laws. Chapter 13, sometimes known as the wage earner’s plan, enables qualified individual filers to reschedule and make debt payments, allowing them to keep their homes and other property.

Bankruptcy courts previously had relied on local versions of Chapter 13 plans, which varied from district to district, in resolving Chapter 13 cases. They now must either use a new national Bankruptcy Form 113, or create a locally adapted form that contains key elements of the national form. In recent months, courts have been updating electronic filing systems and notifying local bankruptcy lawyers and filers of the pending changes.

The deadline for creditors to file a proof of claim was revised in an amendment to Federal Rules of Bankruptcy Procedure 3002.

The new deadline will affect bankruptcies filed under Chapter 7, in which debtors liquidate assets; Chapter 12, which enables family farmers and fishermen to restructure their finances; and Chapter 13. Previously creditors had 90 days after an initial meeting of creditors was held. Now, a proof of claim must be submitted within 70 days of the filing of a bankruptcy petition.

Federal rules amendments typically follow a three-year process, which includes multiple layers of review and extensive public comment.

In April, the Supreme Court transmitted the new rules regarding bankruptcy, as well as amendments to Appellate and Civil Rules of Procedure, and Rules of Evidence, to Congress. The new rules took effect Dec. 1 when Congress did not act to prevent their implementation.

Find a full list of the new rules and form amendments and the Current Rules of Practice and Procedure. Find additional information about the bankruptcy process.

(Re-posted from http://www.uscourts.gov/news/2017/12/01/new-bankruptcy-form-rules-take-effect)

Role of the Courts [in Connecticut]

Maintaining Order – The judicial system in Connecticut exists to uphold the laws of the state. Our courts help to maintain order in our society by:

  • determining the guilt or innocence of persons accused of breaking the law;
  • resolving disputes involving civil or personal rights;
  • interpreting constitutional provisions of laws enacted by the legislature and deciding what is to be the law of the state when none exists for certain situations. The court decision then becomes a precedent to be applied in like situations unless later overruled or modified by the Supreme Court or the General Assembly; and,
  • determining whether a law violates the Constitution of either the State of Connecticut or the United States.

Separation of Powers – Under our constitution, the courts are one of three branches of government:

  • The Legislative Branch (the Senate and House of Representatives) is responsible for creating new laws.
  • The Executive Branch (the Governor and executive branch agencies) is responsible for enforcing them.
  • The Judicial Branch (the courts) is responsible for interpreting and upholding our laws.

Relationship of Connecticut Courts to Federal Courts
In Connecticut, as throughout the United States, there are two judicial systems. One is the state system, established under the authority of the state constitution; the other is the federal system, established under the United States Constitution. Connecticut courts are courts of general jurisdiction. These courts handle most criminal matters and a variety of civil matters, including contracts, personal injury cases, dissolution of marriage and other legal controversies. In some instances, decisions of state courts may be appealed to the United States Supreme Court if a question of federal constitutional law arises.

Federal courts have jurisdiction over matters involving federal law, and over the following matters: cases brought by the United States, cases between two states or the citizens of two different states, cases between a state and a foreign state or its citizens, admiralty and maritime cases, and cases affecting ambassadors and other diplomatic personnel.

(Reposted from the Connecticut Judicial Branch Website)

Process – Bankruptcy Basics

Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.

The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.

There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk’s offices.

The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case.

A debtor’s involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a “341 meeting” because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.

A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial “fresh start” from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:

[I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.

Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts. This publication describes the bankruptcy discharge in a question and answer format, discussing the timing of the discharge, the scope of the discharge (what debts are discharged and what debts are not discharged), objections to discharge, and revocation of the discharge. It also describes what a debtor can do if a creditor attempts to collect a discharged debt after the bankruptcy case is concluded.

Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, each of which is discussed in this publication. The cases are traditionally given the names of the chapters that describe them.

Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor’s estate, reduces them to cash, and makes distributions to creditors, subject to the debtor’s right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor’s assets. These cases are called “no-asset cases.” A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a “means test” to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor’s income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.

Chapter 9, entitled Adjustment of Debts of a Municipality, provides essentially for reorganization, much like a reorganization under chapter 11. Only a “municipality” may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

Chapter 11, entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.

Chapter 12, entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee’s disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor’s repayment plan, depending on whether it meets the Bankruptcy Code’s requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.

The purpose of Chapter 15, entitled Ancillary and Other Cross-Border Cases, is to provide an effective mechanism for dealing with cases of cross-border insolvency. This publication discusses the applicability of Chapter 15 where a debtor or its property is subject to the laws of the United States and one or more foreign countries.

In addition to the basic types of bankruptcy cases, Bankruptcy Basics provides an overview of the Servicemembers’ Civil Relief Act, which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.

This publication also contains a description of liquidation proceedings under the Securities Investor Protection Act (“SIPA”). Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, it is far more likely that a failing brokerage firm will find itself involved in a SIPA proceeding. The purpose of SIPA is to return to investors securities and cash left with failed brokerages. Since being established by Congress in 1970, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer’s property is protected, up to $500,000 per customer.

The bankruptcy process is complex and relies on legal concepts like the “automatic stay,” “discharge,” “exemptions,” and “assume.” Therefore, the final chapter of this publication is a glossary of Bankruptcy Terminology which explains, in layman’s terms, most of the legal concepts that apply in cases filed under the Bankruptcy Code.

Reprinted from http://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/process-bankruptcy-basics

CONTEMPLATING A BANKRUPTCY AFTER DIVORCE

Oftentimes Bankruptcy and Divorce go hand-in-hand.  If you are in the process of getting divorced, it would be wise to consult a consumer attorney to analyze your financial circumstances, ensuring all of your obligations will be accounted for in the Divorce Decree/Separation Agreement, and to determine if you can handle paying them once you go back to a single income after the divorce.  Bankruptcy may be a safe option once you are divorced if you find you cannot afford living on a single income.

If you will be taking the bulk of the debt once you separate and do not have the income to support it, you may consider filing for bankruptcy and starting over all together once the divorce is finalized.  Here are some topics that often arise from divorce when contemplating a bankruptcy or may lead you to file for bankruptcy after your divorce:

  1. Who will take the marital home and pay its related expenses?

If you are getting a divorce and taking over possession of the marital home, along with taking over the related expenses, especially the mortgage(s) on the home, be sure to have your Divorce Decree state the terms of this transfer accurately.

Also, making a budget before the divorce is final will help you determine if you will be able to afford to stay in the home.

If it is determined that you can, in fact, afford to live in the home after the divorce, then make sure the proper documents are recorded on the Land Records after the transfer.  This will give you a paper trial you may need to provide in your bankruptcy case later on.

  1. Will you be responsible for credit cards in your ex-spouses name?

If so, make sure the Divorce Decree/Separation Agreement spells out all debt you will be taking responsibility for once the divorce is final, along with the last four digits of any account numbers.  Once the divorce is final, be sure to contact each company in writing and have the accounts switched into your name.  Wait at least six weeks and then review your credit report(s) to ensure accurate reporting, so as not to inadvertently leave off a debt you are responsible for on your Bankruptcy petition, among other things.

  1. Will you be ordered to pay alimony or child support?

Keep in mind, that these particular types of “debts” are allowable deductible expenses in your Bankruptcy case; this means that they are taken into consideration when qualifying for Bankruptcy.  Also, it is important to note that court-ordered Alimony and Child Support are what is known in the Bankruptcy realm as “priority debts” and cannot be discharged in most cases.  (Taxes and loans involving the government are also included in the priority category.)  It is vitally important to have all obligations in this category fully defined and explained in your Divorce Decree/Separation Agreement, as you will likely be fulfilling these obligations regardless of ever filing for Bankruptcy.

Filing for bankruptcy after a divorce is not the end of the world.  In fact, it may be the best thing that ever happened to you, and will help you to move on and start fresh.

This firm is a debt relief agency. We help people file for bankruptcy relief amongst other things, under the Bankruptcy Code.