When it comes to debt, bankruptcy is often seen as a last resort. It can be a difficult decision to make, and it is important to understand the implications of filing for bankruptcy. One of the most common questions people have when considering bankruptcy is whether they can discharge alimony debt through bankruptcy. The answer depends on the type of alimony debt and the type of bankruptcy you are filing for.Under bankruptcy law, alimony debt is generally considered a non-dischargeable debt.
This means that even if you file for bankruptcy, you will still be responsible for paying your alimony debt. However, there are some exceptions to this rule. If you are filing for Chapter 7 bankruptcy, you may be able to discharge alimony debt if it is considered a “domestic support obligation” (DSO). A DSO is a court-ordered payment that is intended to provide financial support to a former spouse or dependent child.If you are filing for Chapter 13 bankruptcy, you may be able to discharge alimony debt if it is considered an “unsecured priority debt”.
Unsecured priority debts are debts that must be paid before other unsecured debts, such as credit card debt or medical bills. In order to qualify for discharge under Chapter 13, the alimony debt must meet certain criteria, such as being more than three years old and not being secured by any property.It is important to note that even if you are able to discharge your alimony debt through bankruptcy, you may still be responsible for paying any arrears that have accumulated since the date of your filing. Additionally, if you are filing for Chapter 7 bankruptcy, the court may require you to pay a portion of your alimony debt in order to receive a discharge.If you are considering filing for bankruptcy and have questions about discharging alimony debt, it is important to speak with an experienced bankruptcy law attorney. An attorney can review your situation and advise you on the best course of action.
They can also help you understand the implications of filing for bankruptcy and how it may affect your ability to pay your alimony debt.Filing for bankruptcy can be a difficult decision, but it can also provide much-needed relief from overwhelming debt. If you are considering filing for bankruptcy and have questions about discharging alimony debt, it is important to speak with an experienced attorney who can help guide you through the process.
