' Is Alimony Dischargeable in Bankruptcy?
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Is Alimony Dischargeable in Bankruptcy?

is alimony dischargeable in bankruptcyOne of the biggest concerns that people have when considering bankruptcy is the effect on their financial obligations, including spousal support or alimony. Many people wonder whether filing for bankruptcy will discharge their obligation to pay alimony or if they will still be required to pay it.

Is alimony dischargeable in bankruptcy?

First and foremost, it is important to understand that bankruptcy protects individuals who are struggling with overwhelming debts. There are two primary types of bankruptcy filings for individuals, Chapter 7 and Chapter 13. Each type of bankruptcy handles alimony differently.

Non-Dischargeable Debts

In a Chapter 7 bankruptcy, alimony is a priority debt. This means that it cannot be discharged. The court requires you to pay priority debts first with any available funds.

In a Chapter 13 bankruptcy, alimony can be a secured or unsecured debt, depending on the circumstances of the case. If the alimony is considered a secured debt, you must pay it ahead of other unsecured debts.

Creditors may label certain debts as non-dischargeable, meaning they can’t be eliminated through bankruptcy. In most cases, non-dischargeable debt falls under one of several categories:

  • Taxes, including most income tax debts
  • Certain types of loans, including government-backed student loans
  • Court judgments on unpaid loans
  • Debts related to criminal fines or restitution
  • Debts related to family court matters (alimony falls into this category)
  • Debts incurred through fraud or malicious behavior

If a debtor took out a loan with no intentions of repaying, they could not have this debt discharged. Similarly, creditors can object to a bankruptcy discharge if they can prove the debtor committed fraud, including lying about their income or assets to obtain credit or loans.

Are Your Debts Dischargeable?

Understanding non-dischargeable debt in bankruptcy is crucial in navigating the complex system. Even though bankruptcy is there to help you manage your debts and get back on track, it may not eliminate all of them.

It’s essential to distinguish between different types of debts and speak with an experienced bankruptcy attorney, who can advise you on how they’ll survive the bankruptcy process. By doing so, you’ll be able to determine whether bankruptcy is the right choice for you and what debts you need to focus on paying off. Remember, the right information and advice can make a significant difference in your financial future.

Alimony

It is important to note that the court will consider several factors when determining if alimony can fall under bankruptcy protection. These issues include:

  • Amount of alimony owed
  • Length of time you’ve paid
  • Reason for filing bankruptcy
  • Whether you incurred alimony

In addition, if you are considering filing for bankruptcy, it is important to notify your ex-spouse or their attorney of your intent to file. This allows them to file a claim with the court and make their case for why the court should not discharge the alimony debt.

While alimony is generally not dischargeable in bankruptcy, there are some cases where it may be. To determine whether alimony is dischargeable in your particular case consult with an experienced bankruptcy attorney. By working with an attorney, you can better understand your options. This way, you’ll make an informed decision about the best course of action to take. Remember, bankruptcy is a tool to help you get back on your feet financially, and an experienced attorney can help you make the most of it.

For more information, contact the Law Offices of Robert M. Geller at 813-254-5696 to schedule a free consultation with an experienced attorney.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

Can You File Bankruptcy with Equity in Your Home?

For many individuals facing financial hardship, their home represents their most significant asset. However, when struggling with overwhelming debt, the...
Read More

Are Trusts Protected from Bankruptcy?

Trusts are powerful estate planning tools. They allow people to protect and distribute their assets according to their wishes. This...
Read More

The Truth About Bankruptcy and Buying a Car

The Truth About Bankruptcy and Buying a Car Bankruptcy often carries a stigma of financial ruin and a bleak future....
Read More

How Do Bankruptcy Lawyers Get Paid?

Bankruptcy can be a stressful and overwhelming experience, but having the right legal representation can make all the difference in...
Read More

Do You Lose Your Home When You File for Bankruptcy?

Filing for bankruptcy can be a daunting prospect, especially when it comes to concerns about losing one's home. Your home...
Read More

Can You File Bankruptcy During a Divorce?

Divorce and bankruptcy are personally difficult and also complex legal processes that can have significant implications for your financial future....
Read More

Can You File Bankruptcy on Restitution?

Facing financial struggles can be overwhelming, especially when debts include complex legal obligations like restitution. What is restitution and how...
Read More

Can You File Bankruptcy After a Judgment?

Receiving a judgment against you in a lawsuit can be a distressing experience. This is especially true if you're already...
Read More

Can Back Taxes Be Included in Bankruptcy?

Dealing with back taxes can cause a lot of stress and financial burden for anyone facing financial hardship. If you're...
Read More

Can an Estate File for Bankruptcy?

Many people wonder whether or not an estate, such as the one left behind after someone passes away, can file...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions