Legal Question in Bankruptcy in Minnesota

Discharging Orders of Divorce Decree

My former husband is filing for bankruptcy for the second time. He is trying to discharge the property settlement that is listed in our divorce decree. However, he only listed $17,500 as the amount of the decree instead of the actual amount of $76,500, none of which he has repaid. The property settlement is for money that I was able to prove was mine before the marriage, that he put into a business. Can this property settlement be discharged? Is any of the above information in my favor? If discharged, will the amount be the $17,500 he listed or the actual $76,500?


Asked on 9/30/02, 8:47 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Discharging Orders of Divorce Decree

11 United States Code Sec. 523 (a) (15) says that the kind of debt you describe would not be dischargeable unless: 1)he doesn't have the ability to pay from funds or assets not reasonably necessary for the manitenance or support of the debtor or the operarion of his business; or 2) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to the former spouse.

In order to block the discharge you have to start an adversarial proceeding in the bankruptcy court. You must do it while his court file is still open. You will need a lawyer skilled in that sort of thing, and it won't be cheap.

An adversarial proceeding is like a lawsuit within the bankruptcy court. It's a proceeding within a proceeding. It has it's own separate filing fee, rules, paperwork and hearing schedule.

I would be glad to consult with you about this (952-544-6356.

Good luck.

This response is for general informtion purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case

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Answered on 10/01/02, 12:54 pm


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