Start live chat with our team?
Call Now (414) 453-0800
Stars
David Iancu and his staff are top notch professionals. I would recommend David Iancu to anyone who is going through a divorce.
Harmony R.
David is a great listener and very sharp. Most of all, he knows the law and examines every opportunity to defend his client.
Talyia C.
I can't say enough about David's attentive demeanor through the highs and lows associated with complex divorce issues.
Laurence S.
contact us Free & Confidential Consultation
The results you need.

Dischargeability in Bankruptcy of Obligations for Alimony, Domestic Support, and Maintenance

Dischargeability of debt is one of the core principles in bankruptcy law, and it plays a large part in the fresh start for debtors. Discharge cancels debt and stops collection activity for the discharged debt. There are a variety of debts not dischargeable in bankruptcy, including alimony and child support.

Under Section 523 of the Bankruptcy Code, the first requirement for barring bankruptcy discharge of an alimony or support obligation is that the obligation must have accrued in connection with a separation agreement, divorce decree or other court order. In addition, the obligation must be in the nature of alimony, maintenance or support. Finally, the obligation must not have been allocated to another entity, although certain minor exceptions are permitted. An important point is that alimony, support and maintenance are excepted from the general discharge automatically unless the debtor brings an adversary proceeding in bankruptcy court to challenge nondischargeability.

Under the recent Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), effective October 2005, domestic support was added to the Bankruptcy Code as a new debt term. This form of debt includes money owed for child support, alimony or a money obligation incurred in the course of a divorce or separation agreement. Under the Bankruptcy Code, domestic support obligations are not dischargeable in Chapter 7 and may be relieved in Chapter 13 only under certain conditions.

The Bankruptcy Code governs the determination of dischargeability as a matter of federal law. The determination of whether the support obligation is in the nature of alimony, maintenance or support requires the application and/or interpretation of the law of the state where the support order was entered. Such matters can become more complicated when the divorce decree and support order are issued in one state and the bankruptcy case arises in a different state.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.

CONTACT US FOR A Free Consultation

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

Contact Form

or Call (414) 453-0800
Location &contact
MAIN OFFICE 933 N Mayfair Rd, Suite 300 MILWAUKEE, WI 53226
BY APPOINTMENT ONLY 500 West Silver Spring Dr, Suite K-200 GLENDALE, WI 53217
PHONE (414) 453-0800 FAX (414) 453-8282
Connect With Us
  • Facebook Icon
  • Twitter Icon
  • Youtube Icon
  • linked-in Icon
Request a free consultation Request a free consultation

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

  • no pressure
  • no hidden fees

Contact popup Form

or Call (414) 453-0800