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    mareea760's Avatar
    mareea760 Posts: 1, Reputation: 1
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    #1

    Jun 22, 2012, 12:27 PM
    Divorce and bankruptcy in California
    I live in California. I divorced having to buy out ny ex from home purchased together. I paid him a portion. There was still a balance owed to him he took me to family court and judge found I still owed him the balance however I had already lost my home due to economy. Can I include the balance to him in my chaptr 7
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jun 22, 2012, 12:41 PM
    No, as marital debts between the parties can not be discharged in bankruptcy court. The debt stands.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 22, 2012, 04:30 PM
    Quote Originally Posted by califdadof3 View Post
    No, as marital debts between the parties can not be discharged in bankrupcy court. The debt stands.
    "11 USC § 523 - Exceptions to discharge

    (a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt
    ...

    (5)for a domestic support obligation;
    ...
    15)to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;
    ..."

    You would "include" it in your Chapter 7, but it won't be discharged.

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