Saturday, April 5, 2014

Is Maintenance Dischargable in Bankruptcy

The quick answer is no.  Maintenance is a domestic support obligation.  A domestic support obligation must meet four criteria:1.  It must be due to a spouse, former spouse or child. . .

2.  It must be in the nature of maintenance or support of such spouse, former spouse or child. . .

c.  It must be established or subject to establishment as a result of a separation agreement, divorce decree or property settlement agreement subject to a Court Order . ..

4.  It must not be assigned to a non-governmental entity unless the obligation is assigned voluntarily for the purpose of collecting the debt.



Is Maintenance Dischargable in Bankruptcy

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