Legal Question in Bankruptcy in Florida

can a spouse file bankruptcy with malicious intent? as in they racked up huge amounts of debt then filed for bankruptcy with intent to cause harm to their spouses credit


Asked on 3/04/10, 3:41 pm

2 Answers from Attorneys
Steven Meyer CPLS, P.A.

In bankruptcy it generally does not matter what intent one had when one incurred debts. However, creditors and other interested parties have the right to object to the discharge of certain debts (meaning the fact that the bankruptcy process will wipe out certain debts). So, consult with a bankruptcy attorney in your area.

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Answered on 3/09/10, 4:10 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

They can but it does not matter, at least in Bankruptcy court. It may have an effect in the divorce action. See a lawyer; it is an interesting issue..

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Answered on 3/09/10, 5:53 pm


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