{"id":2004,"date":"2019-08-16T15:14:02","date_gmt":"2019-08-16T15:14:02","guid":{"rendered":"https:\/\/sacramentobankruptcylawyer.us\/?page_id=2004"},"modified":"2020-10-16T06:55:59","modified_gmt":"2020-10-16T06:55:59","slug":"debt-divorce","status":"publish","type":"page","link":"https:\/\/sacramentobankruptcylawyer.us\/debt-divorce\/","title":{"rendered":"Debts From Divorce"},"content":{"rendered":"\n<p>After divorce many clients find themselves in debt.  The debt can be credit card debt used to pay <a rel=\"noreferrer noopener\" aria-label=\"a divorce lawyer (opens in a new tab)\" href=\"https:\/\/sacramentodivorce.us\/\" target=\"_blank\">a divorce lawyer<\/a> or afford daily expenses.  Likewise, the debt can be newly established spousal support or child support.  When faced with debt resulting from divorce many clients explore their debt relief options in bankruptcy.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Credit Card Debt<\/h2>\n\n\n\n<p>Fortunately, credit card debt is general unsecured debt.  As a result, credit card debt is dischargeable (can be eliminated) in chapter 7 bankruptcy and chapter 13 bankruptcy.  Whether credit cards were used to satisfy increased living expenses or pay a family law attorney, credit card debt is generally dischargeable in bankruptcy.  The only exception is <a rel=\"noreferrer noopener\" href=\"https:\/\/sacramentobankruptcylawyer.us\/credit-card-fraud\">fraudulently incurred credit card debt<\/a> &#8211; but the bankruptcy code&#8217;s elements for non-dischargeability due to fraud make the exception to discharge inapplicable in many cases involving old credit card debt.  <\/p>\n\n\n\n<blockquote class=\"wp-block-quote\"><p>To learn more about eliminating credit card debt in bankruptcy call our bankruptcy attorney at <strong>(916) 500-0704<\/strong> for a free consultation.<\/p><cite>-Attorney Adam Garcia<\/cite><\/blockquote>\n\n\n\n<h2 class=\"wp-block-heading\">Domestic Support Obligations<\/h2>\n\n\n\n<p>Unlike credit card debt, domestic support obligations are non-dischargeable in chapter 7 bankruptcy and chapter 13 bankruptcy.  [11 USC 523(a)(5)].  <\/p>\n\n\n\n<p>&#8220;Domestic support obligation&#8221; is defined in the bankruptcy code as a debt<\/p>\n\n\n\n<ul><li>owed or recoverable by a spouse, former spouse, or child of the debtor<\/li><li>in the nature of alimony, maintenance or support, &amp;<\/li><li>established by a separation agreement, divorce decree or property settlement agreement, or a court order.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Non-Support Family Law Debts<\/h2>\n\n\n\n<p>In addition, <a href=\"https:\/\/law.cornell.edu\/uscode\/text\/11\/523\" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\"11 USC 523(a)(15) (opens in a new tab)\">11 USC 523(a)(15)<\/a> also makes debts to a spouse, former spouse, or child that is not a &#8220;domestic support obligation,&#8221; but that is incurred by a debtor in the course of a divorce, separation or in connection with a separation agreement, divorce decree or other court order, non-dischargeable in bankruptcy.  Accordingly, nearly all orders for support or property division are non-dischargeable in bankruptcy if incurred in connection with marital dissolution or separation.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Exception in Chapter 13 Bankruptcy<\/h3>\n\n\n\n<p>While child support and spousal support are non-dischargeable in chapter 13 bankruptcy pursuant to 11 USC 523(a)(5), non-support family law debts under 11 USC 523(a)(15) such as property settlements may be dischargeable in <a href=\"https:\/\/sacramentobankruptcylawyer.us\/chapter-13-bankruptcy\">chapter 13 bankruptcy<\/a> if the debtor completes all payments under the plan.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>After divorce many clients find themselves in debt. The debt can be credit card debt used to pay a divorce lawyer or afford daily expenses. Likewise, the debt can be newly established spousal support or child support. When faced with debt resulting from divorce many clients explore their debt relief options in bankruptcy. Credit Card [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/pages\/2004"}],"collection":[{"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/comments?post=2004"}],"version-history":[{"count":5,"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/pages\/2004\/revisions"}],"predecessor-version":[{"id":2064,"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/pages\/2004\/revisions\/2064"}],"wp:attachment":[{"href":"https:\/\/sacramentobankruptcylawyer.us\/wp-json\/wp\/v2\/media?parent=2004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}