The bankruptcy process in Montgomery County and Southern Texas is designed to give people a fresh start by eliminating many debts. Unfortunately there are some debts that Congress has decided should not be discharged and it is impossible for the Bankruptcy Court to discharge those specific debts.

Alimony, maintenance, and child support are common concerns in a bankruptcy procedure. The Bankruptcy Code provides that a discharge is not available for any debt

to a spouse, former spouse, or child of the debtor and not of the kind described in [523(a)(5)] that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit.

As a general rule alimony, support, and maintenance debts incurred through a divorce proceeding will not be discharged. However, in certain cases the Bankruptcy Court may apply a different interpretation of the law to reach a different result. Speak with a Conroe Bankruptcy Attorney if you need legal assistance.

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