In my divorce judgment it said i would owe $150,000 to my ex husband because court thought there was a money in bank i took before i was served which wasnt true anyhow and funds belong to my dad who took it. Then my ex evicted me and my daughter and court made me iwe him $15k there. I need to file bankruptcy so i can start fresh Eventhough i have no income or property besides $1500 child support. can i file chapter 7 because there was no divorce agreements or support dues ?
Property settlements can be discharged in a ch13 but bit in ch7. If you want to discharge this debt you'd have to file a ch13.
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You have no alternative other than to file a Chapter 13 Bankruptcy, if you want to obtain a discharge of these debts. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced CA bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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You can file Chapter 7 but the issue will be the nature and character of the court-ordered obligations to your ex. If those obligations are Domestic Support Obligations, then they will not be discharged. If those obligations are in the nature of property settlement, there is a balancing test to determine dischargeability. California being a community property State, there may be some idiosyncratic nuances as with everything else in California.
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Unlike chapter 7 bankruptcy, chapter 13 bankruptcy offers a super discharge which may discharge debts arising out of a marital settlement agreement (MSA). The family judgment would likely need to be reviewed to determine how the Court awarded the debt owed by you to your ex. The relationship between bankruptcy and debt arising from family law Court Orders has specific rules to dischargeability. It is best to sit down with an experienced bankruptcy attorney to go over your options.
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My colleagues are correct. Chapter 13 is your only viable bankruptcy to address debts that arise out of marital settlements/judgment that were assigned to you.
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