A fairly common issue that arises in bankruptcy cases is what happens to those debts that were divided in a divorce proceeding. The answer to that question largely depends on two things–what type of debt it is, and what chapter of bankruptcy you are filing. First, you must determine if the debt that is owed is what the Bankruptcy Code terms a “Domestic Support Obligation” (“DSO”). The Code defines a DSO as a debt owed to a former spouse or child of the person filing for bankruptcy in the nature of “alimony, maintenance, or support.” See 11 U.S.C. § 101(14A). If the…
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