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Does Bankruptcy Affect Your Divorce Obligations?

4/22/2016

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Posted by the Law Office of John Lemieux

​Are you currently going through bankruptcy or considering filing for bankruptcy? Do you have questions about how bankruptcy might affect your child support, marital debt, or spousal support obligations? Maine's Supreme Judicial Law Court recently addressed these issues.

In Collins v. Collins (2016), the Law Court references Federal Bankruptcy Law, which states:
A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt:
...

(5) for a domestic support obligation;
...
(15) 
to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;
To read the full case, click HERE.

Please note that the above article was not intended and should not be construed as legal advice. For legal advice, please contact your lawyer or the Law Office of John Lemieux by phone at (207) 347-3198 or by email at john@johnlemieuxlaw.com.
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