Legal Question in Family Law in Kansas

Settlement vs Bankruptcy

My divorce decreed my ex-husband has a lien for X# of dollars payable upon the sale of my home. It states that the provisions within the agreement are not dischargeable under bankruptcy. I filed bankruptcy and listed the lien.

My ex did not file an objection or show up at my bankruptcy hearing. Does the divorce agreement bind me to the agreement or is there a chance that the bankruptcy would be honored? Thank you for your time.


Asked on 3/01/04, 4:17 pm

1 Answer from Attorneys

Kip Johnson Attorney at Law

Re: Settlement vs Bankruptcy

A bankruptcy does not extinguish leins against property. The discharge you recieved in your bankruptcy discharged your obligation to pay your creditors incurred by you through promissory notes, services you received and open lines of credit. A judical lein created by your divorce decree will not be affected by the bankruptcy.

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Answered on 3/04/04, 7:12 pm


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