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I got divorce nine months ago, I'm considering Chapter 7 bankruptcy, can I discharge $40K that was part of the divorce decree?I know that under Chapter 7, alamony is not dischargable, but in my case the divorce decree state the $40K as a division of property that I have to pay to my ex-wife. Also, she secured the debt by my primary residence. Can this debt be discharged even due, I'm planning to keep my home. Attorney answers (1)
Reputation Level 14
Answered over 2 years ago.
Bankruptcy Attorney in Worcester, MA.
I am not licensed in your state but I can offer some general information.
Just because it is not child support or alimony does not mean it can go away. As a general matter any sort of property settlement in a divorce is non-dischargeable in bankruptcy. As for the note, you will get a discharge of your personal obligation to repay that. But beware this does not discharge the lien to your house. So if you do not pay the monthly bill the property can still be foreclosed on. You should consult a local attorney to give you specific advice about your case and state’s laws. Good Luck. Robert Kovacs
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