CALIFORNIA FAMILY LAW
...Bankruptcy
......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.