Kentucky | Bankruptcy
Legal Question
Divorce Decree
As being named a creditor of my ex. Can I survive BK with a divorce decree ? Ordered to pay me monies in decree. They are in contempt of court for not paying monthly amount.
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Legal Answer
Re: Divorce Decree
Federal law (Bankrutpcy) is superior to state law. However, you may file a proof of claim. Unless her debt to you is secured, (and even if it is under Chapter 7), you are likely to receive no money.
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Pulliam Law Office 300 Main at Union, P.O. Box 159 Munfordville, KY 42765-0159
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Legal Answer
Re: Divorce Decree
If the money you are owed is "alimony, maintenance or support", a bankruptcy will not discharge the obligation to pay. However, what is "alimony, maintenance or support" is sometimes not that easy to tell: some court cases interpret payment obligations not to be alimony, maintenance or support even if the divorce decree designates them as such.
If the obligation is not alimony, maintenance or support, it might still be nondischargeable in bankruptcy if you have timely filed an adversary action seeking review of it: It might be nondischargeable if the debtor has the ability to pay, and if the equities of harm / benefit to one party versus the other weighs in your favor.
This is a very gray area, and you might be well advised to have an attorney review the matter. And, as quickly as possible, since the adversary proceeding must be brought fairly quickly, or the opportunity is lost.
If you have any questions, please feel free to contact me at 859-261-6811 (Newport KY office)
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Steven L. Schiller, Attorney at Law 4 West Fourth St., Suite 200 Newport Ky (& Cincinnati Oh), KY 41071
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