You are here:

Bankruptcy Law/Ch 13 and division of assets in divorce

Advertisement


Question
If the divorce Court orders one partner to pay the other's legal fees because of non-compliance, can that partner collect if the partners' CH 13 has not been discharged as yet?
What kinds of transfer of marital assets are not allowed?

Answer
if the amount was incurred before the ch13, then you cannot collect until discharged or until you seek relief in the bankruptcy case by modifying the stay.  If the debt was incurred after the bankruptcy was filed, then you can enforce the divorce decree at any time.

Bankruptcy Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Terry Leeders

Expertise

Handles Chapter 7 and Chapter 13 bankruptcy cases.
10 years of extensive bankruptcy experience. Filed over 3000 cases
Chicago Bankruptcy Lawyer website
"One On One Personal Service You Deserve"

Experience

I have been practicing bankruptcy law for 10 years. I have helped over 3000 consumer bankruptcy clients in that time.

Organizations
Chicago Bar Association Illinois Bar Association

Publications
author of Chicago Bankruptcy Blog
Chicago Chapter 13 Bankruptcy Blog
Illinois Bankruptcy Law Blog
Fresh Start Partners

Education/Credentials
University of Illinois Thomas M. Cooley Law School
Chicago Bankruptcy Lawyer website

©2012 About.com, a part of The New York Times Company. All rights reserved.