Legal Question in Bankruptcy in Illinois

if i file personal bankruptcy, can i be relieved of paying maintenance to an exwife

Asked on 6/09/13, 11:35 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

No, even Chapter 7 does not allow discharge of family law responsibilities, including

child support, alimony, etc. Such debts are considered special unsecured obligations.

May this information based on the facts of your inquiry help you in making a legal


Sanford M. Martin

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Answered on 6/09/13, 12:20 pm

Henry Repay Law Offices of Henry Repay

Domestic Support Obligations cannot be discharged in bankruptcy. To the extent you are able to bring your overall financial situation under control, however, that may help you manage your remaining obligations and regular budgeted expenses more easily.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for January 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years’ tax returns; (4) a credit report (use to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 6/09/13, 12:55 pm

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