Divorce & Bankruptcy

Divorce & Bankruptcy It’s common for a debtor to file bankruptcy shortly after their non-filing spouse files for a divorce. Sometimes this is done out of necessity and other times it’s simply done out of spite. In either event, it’s actually best for both individuals to file a chapter 7 bankruptcy together, especially if both spouses have a lot of joint debt that could be erased in a little over 3 months. Automatic Stay & Bankruptcy It’s important to remember that a non-filing spouse must be very careful once their ex-spouse files bankruptcy as they could be in violation of 

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Can Chapter 13 bankruptcy save you from contempt of court?

Courtney Tucker and Michael Lincoln were engaged to be married in 1999 but the engagement suddenly ended in February, 2000 at which time a bitter dispute arose over Courtney’s personal property.  Courtney attempted to reclaim her belongings at their residence in Crum Lynne, Pennsylvania but Michael had already changed the locks and would not allow Courtney to enter the residence. Left with no other option, Courtney filed an action in the Court of Common Pleas, Delaware County seeking a Protection From Abuse Order. Honorable Maureen F. Fitzpatrick granted the (PFA) and also granted Courtney’s request to go to the Crum Lynne 

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Can filing bankruptcy get you out of jail for failing to pay alimony?

A recent case before the United States Appellate Panel of the First Circuit (In re DeSouza, 493 BR 669 – Bankr. Appellate Panel, 1st Circuit 2013) addressed whether a family court judge could legally order a debtor to be in contempt for failing to pay alimony during a pending chapter 13 bankruptcy. The debtor filed a petition under chapter 13 of the Bankruptcy Code in January 2011. In June 2011, the debtor’s spouse filed a complaint for divorce. After a hearing on September 30, 2011, the probate court entered an order granting alimony to the debtor’s spouse in the amount 

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