Legal Question in Bankruptcy in Virginia
If there is a Separation Settlement Agreement that is to be decreed into the divorce can my soon to be ex file a chapter 13 bankruptcy to get out of the Settlement Agreement?
If so how can I prevent this from happening?
Asked on 4/05/11, 5:18 am
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Property settlement agreement liabilities are dischargeable in Chapter 13; alimony and child support are not. Those facts need to be considered when negotiating divorce agreements, but without knowing all the facts it is not possible to fully advise you as to how to best protect yourself. You need to discuss these issues with your divorce lawyer and with a bankruptcy lawyer, hopefully working together.
Answered on 4/05/11, 6:12 am
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