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Can a property settlement (divorce) be discharged in Chapter 7 Bankruptcy?

Idaho |

In my divorce settlement my company was valued at $400,00 and I agreed to pay my ex-wife $200,000 plus 4% interest at $2,000 a month. To date, prior to filling chapter 7, she has received $100,000. My company has now been shut down (not included in the BK( and she, as a creditor, has filed claim that the debt is non-dischargeable under sec. 523(a)(15). How will a judge see this? Is there any argument here that this is dischargeable?

Attorney Answers 1


No, it is only dischargeable in a Chapter 13 case. Chapter 7 it is clearly not dischargeable.

Mark J. Markus, Attorney at Law

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