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

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. 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 offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  2. 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. 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 is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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