CALIFORNIA FAMILY LAW
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Bankruptcy
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Effect on Division of Property/Debts
.........Payments Related to Prop. Division
8 Cards On This Topic:
Effect of BAPCPA on dischargeability of payments ordered in property divisions.
Property settlement payments ordered in dissos are dischargeable in bankruptcy.
Property settlement payments ordered in dissos are dischargeable in bankruptcy. (Pre-BAPCPA).
Debts to ex-W nondischargeable where H had ability to pay from net income and did not prove benefit to him outweighed detriment to W; partial discharge inapplicable.
Obligations to pay money to former spouse per dissolution judgment from payor's s/p may be discharged like any other unsecured debt.
Payments made to spouse on account of property division are discharged in subsequent bankruptcy.
Court will not go behind terms of judgment and findings of trial court to characterize debt as spousal support.
Delinquent payments on military retirement are discharged in bankruptcy, but not future payments.