Massachusetts Bankruptcy Attorneys

Nicholas F. Ortiz, Esq. and John O'Donnell, Esq. Boston Bankruptcy Lawyers 306 Dartmouth Street Boston, MA 02116 ~and~ 270 Broadway Revere, MA 02151 Tel: (617) 716-0282 Fax: (617) 507-3456 Email: nfo@mass-legal.com Experienced, Effective, and Affordable Consumer and Business Bankruptcy Lawyers in Massachusetts Main Office two blocks from MBTA Copley Stop in Boston's Back Bay.

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When it rains, it pours....Here are a few points worth keeping in mind about the intersection of divorce and bankruptcy.

1. Domestic support obligations ("DSOs") are non-dischargeable in bankruptcy. (Essentially, child support and alimony).
2. An order of the divorce court ordering someone to pay an ex-spouse's debts can be considered a DSO and thus be non-dischargeable.
3. Even after the 2005 BAPCPA bankruptcy amendments, divorce-related property settlements are still sometimes dischargeable in Chapter 13.
4. If bankruptcy is inevitable, sometimes it's sensible to file bankruptcy before a divorce.  This allows you to clear some marital debts and make a divorce more simple and less contentious.
5. Separated or divorced spouses do not need to include the other's income in their bankruptcy means test or schedules.  This can make a difference if you are trying to qualify for Chapter 7 bankruptcy.

The intersection of bankruptcy and divorce is complicated.  We've seen it all, so feel free to give us a call at (617) 716-0282 to discuss your particular situation.  

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