Enforcing Divorce Decrees in Bankruptcy Court
It’s a fairly common scenario: a divorcing spouse wins a substantial property division award in family court, then the other spouse files for bankruptcy under Chapter 7 or Chapter 13 in order to avoid the obligation to part with cash or property.
In this situation, bankruptcy law favors the spouse trying to collect the property division award, but the issues can be complicated. To discuss your right to enforce a property decree against a bankrupt former spouse, contact a knowledgeable attorney at Gannett & Associates in Boston.
Call (617) 367-0606 to learn about bankruptcy and a divorced spouse’s rights
In a high-asset divorce case, the spouse exposed to the prospect of substantial property settlement obligations might be tempted to take drastic measures to avoid or minimize the liability. These measures might include transferring assets to a business or other relatives, concealing assets, understating property or asset values, and an eventual bankruptcy filing to interrupt collections or even achieve a discharge.
At Gannett & Associates, our thorough understanding of advanced debt collection and asset recovery techniques, combined with our familiarity with bankruptcy law and practice, can give you an important advantage in upholding your right to the full benefit of property settlement and support rights.
Although both support and property division rights are generally protected from a former spouse’s discharge in bankruptcy, some debtors try to avoid their property settlement obligations. Our experience with divorce issues in bankruptcy can improve the likelihood that a bankruptcy judge will resolve that issue in your favor.
To learn more about your rights from an experienced Massachusetts bankruptcy lawyer, contact Gannett & Associates for a free consultation in Boston.