Can a judgement for money from a divorce be squashed in a bankruptcy?

Asked almost 2 years ago - San Jose, CA

My ex won a judgement against me for $15000 during our divorce, due to a loan. The judge upheld the written contract she produce as a pre nup. The judge said it was a valid contract, not a pre nup. I feel I don't owe her anything. If I file bankruptcy can I eliminate that judgement? Money NOT for spousal support or child support

Attorney answers (3)

  1. Daniel Seth Williams

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Possibly not. The there are many situations and protections that govern dissolution debt from being discharged in bankruptcy, because if not this would happen far too often. You should definitely confer with not only a bankruptcy attorney, but check with the family court on this, because if you solely do this to discharge the debt, you may wind up with a ding on your credit, only to have your spouse have recourse in the family court.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
  2. Richard Scott Lysle

    Contributor Level 17

    2

    Lawyers agree

    Answered . Check with a family law lawyer about what your ex could do in family court if you filed BK.
    An ordinary money judgment can be discharged in BK, even a divorce judgment, unless it is non-dischargeale under BK law.

  3. Manuel Alzamora Juarez

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It depends what type of bankruptcy you file. Child and spousal support are a definetely no. Other types of debst suchas equalization paymengts get a different treatment ubder Chapter 7 and 13. A debt arising out of contract and not out of a child support or spousal support judgment may be dischargeable. better check with your bankruptcy attorney near you. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It... more

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