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안녕하세요

공동명의로 된 재산을 상대방의 동의없이 파산을 진행하는 경우, 법원에 이혼 판결문 위반으로 Motion for Contempt 를 신청하실수 있다고 사료됩니다. 또한 파산전에 이혼 판결문 집행을 위하여서 Motion to enforce 또한 신청 가능하시니, 이점 참고하시기 바라겠습니다.

제 조언이 조금이라도 보탬이 되셨기를 바랍니다.

http://bankruptcy.lawyers.com/consumer-bankruptcy/bankruptcy-after-divorce.html

귀하의 사안에 부합하는 답변이 위 링크에 있습니다. 파산에 의해 귀하의 이혼재판에 기재된 권리가 침해될 수 있고, 그러한 경우에의 조치방법이 상세히 기술되어 있습니다.

Bankruptcy and Property Settlements

Bankruptcy law reforms make non-support obligations from a divorce non-dischargeable in a Chapter 7 case. As the spouse who’s owed, you have to show that the discharge of the obligation would harm you more than it would harm your ex-spouse. Non-dischargeable means your ex-spouse is still responsible for it.

You should file a complaint in bankruptcy court to get your property settlement debt excepted from discharge. If you don’t file a claim with the bankruptcy court, the debt may be wiped out, and you won’t be able to collect it later.

The discharge in a Chapter 13 case is somewhat broader than in a chapter 7 case. Debts dischargeable in a chapter 13, but not in chapter 7, include debts arising from divorce property settlements.

How do bankruptcy courts decide what’s a support obligation and what’s a property settlement? It varies greatly by state, but courts have based their decisions on such questions as:

Do payments end or decrease if a certain event happens, like remarriage or a child turning 18?
Are you paid in installments or a lump sum?
Are there minor children?
What’s the relative health and education of the parties?
Was there a need for support at the time of the divorce?
The way in which the divorce decree is written can reduce the chance that the bankruptcy court will discharge the debt. You can reduce the likelihood that the debt won’t be discharged by labeling the debt payments as either support or alimony in the decree.

The Bankruptcy Process

If you’re listed as a creditor on your ex’s bankruptcy petition, you should receive notice from the bankruptcy court of the filing and information about the date and time of the first meeting of creditors (known as a 341 meeting). You should also receive information on the deadline for filing a claim and a proof of claim form to complete and file with the bankruptcy court.

But whether you have notice of your ex’s bankruptcy from the court or just through random gossip, you’re responsible for finding out what’s going on and doing what you need to do to protect your interests. Don’t bury your head in the sand: Find a lawyer and protect yourself.

Returning to Divorce Court After Bankruptcy

What if the bankruptcy court allows your ex to discharge debts owed to you or other creditors under your divorce decree? You can go back to divorce court to ask for an increase in alimony or child support. You’ll need to show a change in your financial circumstances caused by the additional debt or the reality of not receiving property or money you were awarded.

Unlike alimony and support payments, property settlements usually can’t be modified because of changed circumstances. There are exceptions, like fraud or duress. You’ll have a heavy burden of showing the court that fraud was involved even though your ex-spouse filed for bankruptcy immediately after the divorce.

If you’re the spouse who pays child support or alimony, there’s nothing shameful about going back to the divorce court to ask for a reduction in support payments to fit your current reduced financial circumstances. It’s much better than being stuck with debt you’ll never be able to catch up with or being dragged back to court and ordered to pay what you can’t afford.

There’s nothing easy about divorce and bankruptcy. If you find yourself involved in both, it makes sense to find a bankruptcy lawyer who can help protect your interests.