Can I file chapter 7 on a promissory note with my ex-wife? 11 Answers as of March 22, 2016

The note is in our divorce decree. It is not for child or spousal support. It is for a loan she made to me for business expenses.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
Yes, Chapter 7 discharges debts from divorce decrees except support obligations
Answer Applies to: Ohio
Replied: 3/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That is dischargeable.
Answer Applies to: California
Replied: 3/21/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Maybe and maybe not. Meet with an experienced BK lawyer. Offer to pay their hourly rate for a one hour meeting ($250 to $350). Bring the entire divorce file (compare your file with the court file before the meeting. If anything is missing from your file, you won't be getting accurate advice). Now is not the time to skimp. Good luck.
Answer Applies to: Colorado
Replied: 3/21/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If the note is part of your divorce decree it won't be discharged in a chapter 7. You'd need to file a chapter 13. Child and spousal support aren't discharged in any chapter and must be paid.
Answer Applies to: California
Replied: 3/21/2016
Stephens Gourley & Bywater | David A. Stephens
You can file bankruptcy on the note, but whether the note gets discharged depends on a lot of information about the note I do not have, including how it was handled in the divorce.
Answer Applies to: Nevada
Replied: 3/21/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    You can try, but you should expect a challenge from your ex-wife that could involve a lot of extra time and expense. She could beat you in a chapter 7 case. Sometimes it is better to file a chapter 13 so that there is a possibility that she will get some of the money (through your plan payments) and then it would be less likely that she would challenge the discharge, and you would be more likely to prevail against a challenge.
    Answer Applies to: Oregon
    Replied: 3/21/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The question is not entirely clear. Is the promissory note one which you and your wife have both signed? If so and if no divorce court has assigned the obligation to one or the other of you, then you can probably discharge it. Your wife would still be liable unless the two of you filed a joint bankruptcy. If on the other hand you owe the debt to your wife, then it would be much 'iffier' as to whether you could discharge it r not. Find a skilled bankruptcy lawyer. It's generally worth it. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 3/21/2016
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    Only in a chapter 13.
    Answer Applies to: Michigan
    Replied: 3/21/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No, but you can file chapter 13. You need to speak to an experienced attorney.
    Answer Applies to: Florida
    Replied: 3/21/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    A chapter 7 does not discharge obligations arising from a divorce decree. However a chapter 13 will do so but only after completing the required plan payments.
    Answer Applies to: Nevada
    Replied: 3/21/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    The issue is not about whether you CAN file but whether you CAN DISCHARGE this debt. Based on the information you provided, it appears likely you can discharge. As always, the devil my be in details you have not provided.
    Answer Applies to: Nevada
    Replied: 3/21/2016
Click to View More Answers: