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Asked 4/12/2011

Can i file bankrupt on a court order mainttenance?

The court has ordered my ex-husband to pay my monthly maintenance payments and he has filed bankrupt, can my court order be over turned?

 
 
 
 
Answers

Answer 1/4 - Submitted 4/12/2011

The only things that i know they won't take in a bankrupcy are student loans and the irs if you owe a bill it would take the judge to over turn the order if he puts it on his bankrupcy that would take acting fast to make it get over turned

 
 

Answer 2/4 - Submitted 6/2/2011

It is possible that it could be overturned by the bankruptcy filing. However, you can try to fight it in court anyway if you feel he has enough income to provide that payment to you.

 
 

Answer 3/4 - Submitted 7/12/2011

Spousal support CANNOT be discharged in bankruptcy. If a spouse owes maintenance payments, spousal support, child support, etc., they are still required to pay them, even if they file for bankruptcy.

No exceptions.

 
 

Answer 4/4 - Submitted 8/2/2011

Did your ex-husband owe back payments and did he list the amount owing on his bankruptcy schedules? If so, debts for alimony or support are not dischargeable in a bankruptcy and he is still obligated to pay that debt.

I don't think a bankruptcy judge has any authority to overtun a support order in a bankruptcy proceeding. I believe it would be the jurisdiction of the circuit court judge in the divorce proceeding to modify any support order.

 
 
 
 
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