Divorce and Bankruptcy

Money problems tend to impact every area of our lives so it is not a surprise that money problems are consistently listed as a major cause of divorce. Sometimes one spouse accumulates a huge amount of debt on a credit card and the parties simply cannot come up with a way to repay it. Other times medical circumstances of one spouse or a child overwhelm a couples finances and there is simply no way to make payment on the family medical debt.

The automatic stay

When a bankruptcy case is filed there is something created immediately upon the filing of the case called the automatic stay.  The automatic stay is a very broad court injunction against the continuing of any action by creditors, collection agencies, and government entities against the debtor or the debtor’s property. Under 11 U.S.C. §362 is… Continue reading The automatic stay

Bankruptcy for child support

Congress decided that child support is too important to be discharged in a bankruptcy.   It is not possible to get a discharge in bankruptcy for child support.  Child support has been granted a priority status in bankruptcy.  As a result of that your child support will be placed in as a priority debt in… Continue reading Bankruptcy for child support