Can I file for bankruptcy to relieve myself of the mortgage liability ordered by divorce court? 9 Answers as of August 08, 2016

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Ronald K. Nims LLC | Ronald K. Nims
It depends, bankruptcy can relieve you a debt for a property settlement, including your liability on a mortgage but bankruptcy can't relieve you of a support obligation.? You should have a bankruptcy attorney review your divorce decree to advise you on whether the mortgage debt is treated as a property settlement or a support obligation.
Answer Applies to: Ohio
Replied: 8/8/2016
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Maybe. You will need to have some one review the divorce file with you. You'll have to pay for one hour of an experienced attorney's time.
Answer Applies to: Colorado
Replied: 8/8/2016
Danville Law Group | Scott Jordan
This is a very delicate area of law and I suggest you contact a local bankruptcy attorney to schedule an in-person consultation.
Answer Applies to: California
Replied: 8/8/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
You can eliminate owing a mortgage debt TO THE MORTGAGE COMPANY in Chapter 7 but this will not eliminate the responsibility to either your ex spouse or your children, if any. It might be possible to eliminate the obligation to your ex spouse to pay the mortgage in Chapter 13 but the precise wording of the divorce court decision will be crucial.
Answer Applies to: Nevada
Replied: 8/8/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Not an easy question to answer. The statutes [see 11 USC sec. 101(14A) and 11 USC sec. 522(a)(5)] on their face say that any debt allocated or to be allocated by a divorce court is not dischargeable in a chapter 7. (A property settlement, as opposed to maintenance or child support) may be dischargeable in a Ch. 13. Consult an experienced bankruptcy lawyer in your area.
Answer Applies to: Wisconsin
Replied: 8/8/2016
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