Legal Question in Bankruptcy in Maryland

Chapter 7 vs. Maryland Divorce

I filed Chapter 7 in Maryland due to an excessive court ordered child support, in-voluntary mortgage contribution, and medical insurance. My wife got "use and possession of the family home for 3 years and 8 months. The judge also ordered that I continue to pay a monthly mortgage contribution towards the family home. Please keep in mind that I first had an order titled "Judgement of Limited Divorce" which the judge later determined that is was not a "limited divorce because it that not say that "It is hereby granted a limited divorce". Also included was "pendente lite" (the biggest loop-hole in family law). The the "Judgement of Absolute Divorce" included that I continue to pay half the mortgage until the home is sold home. Chapter 7 offered me no relief or protection when it involves family law.

1. Why doesn't Chapter 7 protect me during the "use and possession" period?

2. Why doesn't Chapter 7 protect me after the "use and possession" period expires and until the home is sold?


Asked on 8/27/00, 1:45 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Chapter 7 vs. Maryland Divorce

Because this is spousal/child support, and Chapter 7 is not (and in my opinion should not be)designed to permit evasion of support obligations. If excessive, these can be dealt with in state court, and arrearages can be dealt with (through payment in full over time) in Chapter 13 if necessary.

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Answered on 10/02/00, 10:16 am


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