| Treatment of Property Settlement Claims |
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| Certain property settlements are not dischargeable in a Chapter 7, 11 or 12 bankruptcy case, but remain dischargeable in Chapter 13 cases. Support, alimony or maintenance 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 are generally not dischargeable. More... |
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| Creditor Attempts to Collect Discharged Debt |
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| A debt no longer exists after it is discharged in bankruptcy. The court enters an order prohibiting the debtor's creditors from later attempting to collect any discharged debt from the debtor. More... |
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| Joint and Consolidated Cases |
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| A husband and wife can file a joint case under Chapter 7, 11, 12 or 13. Both names are on the same petition and schedules, and only one filing fee is due. Only spouses are allowed to file a joint petition. Former spouses, partners or other relatives do not qualify for a joint petition. Whether a husband and a wife should file a bankruptcy together depends on whether both are liable on the debts involved. Filing bankruptcy generally only protects the person who filed the bankruptcy. Married couples who are jointly liable on most debts should file a joint bankruptcy. More... |
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| Bankruptcy During Divorce |
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| Problems may result from the conflict of interests between domestic relations courts and bankruptcy courts when a couple files for bankruptcy during a divorce. The conflict arises because of the differing policies between the courts. Bankruptcy courts have a policy of providing a fresh start and distributing the debtors' assets equally among all of their creditors. Family courts have a policy of equitably dividing the property between the spouses. More... |
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| Nondischargeable Debts |
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| Dischargeable debts are those debts that can be discharged through bankruptcy proceedings. Certain debts cannot be discharged through a bankruptcy proceeding. In a Chapter 7 bankruptcy, nondischargeable debts cannot be discharged at all, and in a Chapter 13 bankruptcy, these debts remain even after the repayment plan is completed. More... |
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