Divorce and BAPCPA
In 2005, the laws on bankruptcy were modified under the Bankruptcy Abuse Prevention and Consumer Protection Act to establish more rigorous standards under which debtors could file for bankruptcy. The changes made ranged from changing the process of bankruptcy to deciding how much debtors would be required to pay under certain circumstances. Under previous laws, debtors could sometimes find themselves with discharge notices automatically filed, freeing them from further payments on a specific debt. Divorce payments connected to a bankruptcy were often included in these changes.
Now, however, the laws have changes in significant ways. If you need legal advice from an experienced source, contact a West Palm Beach divorce lawyer from Eric N. Klein & Associates, P.A. by calling 561-353-2800. A knowledgeable advocate can help you determine if you are liable for payments in your divorce after bankruptcy.
Discharges
Under bankruptcy law, a debtor is issued a discharge when a given debt is no longer considered to be under their liability. BAPCPA changes to domestic support obligations, or payments such as alimony, include:
- A raised position in payment order, making them among the highest priorities for payment
- Ineligibility for debt discharge
- Maintenance of payments through motions like wage garnishment
These modifications increase the burden of divorce financially on couples facing bankruptcy, in hopes of decreasing the ease, and therefore the rate, of bankruptcy.
Contact Us
Compounding bankruptcy with a formal dissolution of a marriage can provide an immeasurable amount of stress on any person. Let a professional, trained to deal with these kinds of situations and ready to treat you the way you should be treated in such straining times, represent your case today. Contact the West Palm Beach divorce lawyers of Eric N. Klein & Associates, P.A. at 561-353-2800 today to look over your legal options.
