It is important to have an attorney that understands how bankruptcy and divorce affect each other. Attorney Barton Morris has made it a priority to understand the best way to categorize items in your divorce judgment so as to give you the utmost protection in the event your former spouse files for bankruptcy.
If a debt obligation in your divorce judgment is not for support or maintenance it can be discharged in any bankruptcy proceeding. Therefore, it is extremely important to characterize as much of the financial obligations owed to you as support rather than property settlement. The bankruptcy court will not be bound by what you simple “call” an obligation, but having an experienced attorney like Barton Morris can help you. We will make certain financial obligations are clearly labeled as support, and so long as it behaves like support, there’s a good likelihood the court will agree and not allow a discharge.
Remember, if your judgment is confusing or you choose to hire an inexperienced attorney and a portion of the obligation due to you is a property settlement, no amount of verbal window-dressing will change it. It is imperative that your divorce is done right the first time, and Barton Morris can make that happen.
For more information on divorce and bankruptcy visit 11 U.S.C. §523(a)(5).