Bankruptcy and separation agreement


#1

I had a consultation with an attorney who told me that any debts that a spouse has agreed to pay in a separation agreement (like car loans, personal loans etc.) cannot be discharged if that spouse declares bankruptcy. I’ve been reading through the Courtroom Confidential download and discovered a question I should have asked. Is it required that the fact the debts can’t be discharged be disclosed in the separation agreement? The attorney did not tell me that–just that if I was able to get my spouse to sign the agreement with those items in it, that they couldn’t be discharged.

Thank you.


#2

I would suggest you contact an attorney who practices in bankruptcy law to best answer your question.