Can you file bankruptcy after a settlement


#1

I need someone to answer this question for me. Please someone let me know if you can file bankruptcy on debts that you have been ordered to pay by the judge. I need an attorney to answer this or anyone that knows for sure. Thanks


#2

While I’m not a lawyer (so use obligatory amount of salt), I’m pretty sure your question isn’t specific enough to get/give a useful answer.

Dischargeability of a debt in BK (and whether the creditor gets paid) depends on what the debt is, who is & was contractually liable for it, whether the debt was considered separate or marital debt, whether the debt is secured or unsecured, etc.

For example, federal student loans (such as Stafford loans) are very rarely discharged in BK.

And creditors do not have to pay attention to your separation agreement. So if you had a debt jointly with your (STB)X, took responsibility for it in the SA&PS, and declare BK (and thus are removed from the debt), the creditor will come after your spouse for the money. As a result, your spouse may come after you. (Whether your spouse would actually get anything is another matter entirely.)


#3

Dear nph1943:

Greetings. We cannot answer bankruptcy questions due to the new bankruptcy code. Yes, if you cannot come to an agreement, then you generally have to go to court. A judge cannot order someone to do something that they cannot do. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

If you settle for certain debts to pay in an equitable distribution, can you file bankruptcy on these debts if you can’t pay them? Also, do you suggest going to trial if you can’t come to an agreement. I do not have an attorney, but my husband does.