marital equalization payments dischargeable?
Posted: Mon May 04, 2009 10:37 pm
What's the consensus. I've got this question in front of me. My view is that marital eq payments are unsecured debt in a chaper 13 case.
John Greifendorff
Attorney at Law
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> Actually, I was partially wrong. 523(a)(15) discharge is still available in Chapter 13 and...as someone pointed out to me, there is an unlimited objections time period because of the wording of the FRBP sections. Practice pointer as a debtor's attorney is to have a deadline set for objections to be filed.
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> ----- Original Message -----
> To: cdcbaa@yahoogroups.com
> Sent: Thursday, January 11, 2007 6:35 PM
> Subject: Re: [cdcbaa] marital equalization payments dischargeable?
>
>
> Hi, Mark: I think you are correct. And the changes to Sec 523 (c) (1) now make those debts self-executing. But I have a situation where the debt, pursuant to some Family Code, is owed and payable directly to the LAWYER representing the debtor's soon-to-be ex-spouse for legal fees. I'm thinking that debt IS dischargeable? Anyone agree or disaagree?
>
> Steven L. Bryson
> Certified Specialist
> Personal & Small Business
> Bankruptcy Law
> (310) 477-4555
>
The post was migrated from Yahoo.