New York Bankruptcy Lawyers Information - Alimony, Child Support, Divorce

11 U.S.C. 523 does not allow discharge of debts owed (5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a legal separation agreement, court divorce decree or other order of a court of proper jurisdiction, or any determination made in accordance with State or territorial law by a governmental authority, or property settlement agreement, but not to the extent that - (A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State.

New York Bankruptcy Law -  In Practice

The financial interest of children is protected to high degree, and thereafter debts owed to former spouses survive discharge in most circumstances, so long as the debt is owed to the spouse. Also be aware any creditor, or their bankruptcy lawyer, may object to discharge. The debtor and their bankruptcy lawyer receive will prevail if the opposing party fails to meet their burden of proof. The trustee, or their bankruptcy lawyer, or the court upon it's own motion, may also initiate objections.

The majority of personal bankruptcy lawyers certified in consumer Chapter 7 and Chapter 13 cases offer free initial consultations. Potential clients may review all options available and ask any question deemed important. All attorneys are bound by the attorney client privilege and must zealously guard confidentiality. Because of recent amendments to new bankruptcy laws, by passage of the latest reform bill known as the Abuse Prevention Act of 2005, debtors will find qualification for debt relief somewhat more difficult. Yet these laws also present new options, alternatives, and means of discharging debt that were previously unavailable. Now, more than ever, the assistance of qualified representation before federal courts is essential to gain maximum benefits provided by law.

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