Can a promissory note granted in a divorce be discharged in a bankruptcy by my ex? 20 Answers as of July 10, 2013

Can a promissory note granted in a divorce be discharged in a bankruptcy by my ex?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
The promissory note should not be dischargeable in bankruptcy. Domestic support obligations, including child support and alimony are not dischargeable in bankruptcy. Furthermore, debts owed to a spouse or child or ex-spouse are also not dischargeable in bankruptcy under the new 2005 changes. Probably one of the most common situations is when one spouse agrees to assume responsibility for marital debt or promise to pay for a debt in exchange for something else, ie: the house. These obligations are not will not be dischargeable if they are owed to a spouse or former spouse and arose out of a divorce or separation, or in connection with a separation agreement, divorce decree or other court order.
Answer Applies to: California
Replied: 7/14/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Personal loans are dischargeable in BK.
Answer Applies to: Washington
Replied: 7/4/2013
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
It depends on what the promissory note is for. If it is related to child support, alimony, things like that, it cannot be discharged. Other things can be discharged, I would recommend a good bankruptcy attorney. This is a very convoluted area that can quickly go all bad!
Answer Applies to: Michigan
Replied: 7/12/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
Yes, it may.
Answer Applies to: Washington
Replied: 6/10/2013
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
You would have to know what the note is for to answer this question. There are certain things that cannot be discharged in a bankruptcy
Answer Applies to: Florida
Replied: 7/4/2013
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If you mean a Note that was given payable to you in connection with a divorce agreement, for something other than a domestic support obligation (such as alimony or support), then it may dischargeable in a Chapter 13 bankruptcy case only. Otherwise, it is not dischargeable.
    Answer Applies to: California
    Replied: 7/11/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A bankruptcy will not change the terms of a divorce order. For instance, if one spouse is awarded an equalization payment and the other spouse files bankruptcy, the bankruptcy does not wipe out the obligation owed to the non-filing spouse.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Offices of Michael T. Krueger
    Law Offices of Michael T. Krueger | Michael Krueger
    Divorce decrees cannot be discharged through bankruptcy.
    Answer Applies to: California
    Replied: 7/12/2011
    Kevin Bluitt, Attorney at Law
    Kevin Bluitt, Attorney at Law | Kevin Bluitt
    Generally no. This is most certainly true if the promissory note related to spousal support or child support. Which is non-dischargeable debt.( See section 11 U.S.C. 523 (a)(15)) However, to properly answer this question the marital settlement agreement must be carefully reviewed.
    Answer Applies to: Florida
    Replied: 7/12/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Probably not. Most liabilities brought about through divorce are nondischargeable. You may want to go to her 341 meeting and get an attorney to object to discharge of that debt.
    Answer Applies to: Virginia
    Replied: 7/11/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Generally sums owed from one spouse to the other as a result of a divorce are non dischargeable in in bk. Is the amount owed pursuant to an actual divorce judgment? If it is then you can probably still collect through the divorce court.
    Answer Applies to: California
    Replied: 7/11/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    There is insufficient information to give a full answer. What was the promissory note for? To whom is the note payable? Depending on the purpose and if it in to you, it may not be dischargeable if it was based on a provision in a divorce decree.
    Answer Applies to: California
    Replied: 7/11/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Depends on subject matter of promissory note.
    Answer Applies to: Maryland
    Replied: 7/4/2013
    Hines Law Offices
    Hines Law Offices | Holly H. Hines
    Obligations ordered by the Probate and Family Court are not typically dischargeable. However, there may be other debts that could be to offer you relief.
    Answer Applies to: Massachusetts
    Replied: 7/11/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Depends on whether the judge characterizes the debt as spousal support or a divided marital property. Support is not dischargeable.
    Answer Applies to: Mississippi
    Replied: 7/4/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your question is unclear, but if you are asking is a marital settlement dischargeable, the answer is no.
    Answer Applies to: Georgia
    Replied: 7/10/2013
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    The determination of the discharge of a promissory note given in connection with a divorce is determined by reference to 11 U.S.C. 523(a). Section 523(a)(5) provides that debts that are in the nature of a domestic support obligation are non-dischargeable. Section 523(a)(15) precludes the discharge of debts owed: to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit. 11 U.S.C. Section 523(a)(15). Actions to determine the dischargeability of debts under 11 U.S.C. Section 523(a)(15) must be filed within 60 days of the first setting of the meeting of creditors. Debts covered by subsection (a)(5) are automatically excepted from discharge. An experienced bankruptcy attorney should be able to review your divorce decree and your promissory note and tell you whether your debt is subject to discharge. Most bankruptcy attorneys provide an initial free consultation.
    Answer Applies to: Alabama
    Replied: 7/11/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, in Chapter 13 probably but only if the note was not for support or in the nature of a support payment.
    Answer Applies to: California
    Replied: 7/11/2011
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