Summary
In South Dakota, property settlement equalization payments from a divorce decree are generally not dischargeable in bankruptcy. However, Chapter 13 bankruptcy may allow some divorce-related debts to be discharged. The specifics of your case, such as whether the debt is considered in the nature of support, can affect dischargeability. Consult a local attorney for tailored advice.Full Conversation
Chrisanna
Hello Chrisanna, it's crucial to know your location to give specific advice. Are you trying to prevent your ex from discharging a debt they owe you from a settlement in their bankruptcy proceedings?
South dakota, Sioux Falls s,from discharging my settlement through ban
Hello Chrisanna,
In South Dakota, certain debts cannot be discharged through bankruptcy, like:
- Child support or alimony
- Debts owed due to personal injury caused by DUI/DWI
- Certain tax debts
If your settlement is related to these, it might not get discharged. It's best to consult an attorney for your specific case.
Its related to the property settlement that he took
Is the property settlement part of a divorce decree? In South Dakota, divorce-related property settlements are generally not dischargeable in bankruptcy. However, it's best to seek legal advice for your specific situation.
Yes its in the decree
Hello Chrisanna, if the property settlement is part of a divorce decree in South Dakota, it can't generally be discharged in bankruptcy. For further clarification, consider consulting a local attorney.
Property settlement equalization payment
Hello Chrisanna, in South Dakota, property settlement equalization payments are typically not dischargeable during bankruptcy. However, each situation is unique. Consult a local attorney for tailored advice.
His attorney said he can under chapter *
Hello Chrisanna, in Chapter * bankruptcy, some divorce-related debts can be discharged. It's crucial to consult with a local attorney to understand how this applies to your case, as it can vary.
What would make it unique that he cannot discharge this
The uniqueness would depend on the specifics of your case. However, in general, if the debt is considered "in the nature of support", it might not be dischargeable even under Chapter * bankruptcy. Consult a local attorney for a more personalized advice.
Thank you
You're welcome, Chrisanna. If you need any more general legal information, feel free to ask. Remember, consulting with a local attorney will give you advice specific to your case.