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| T O P I C R E V I E W |
| Reinhard |
Posted - 07 March 2014 : 17:34:59
I would be deeply grateful if I get an answer regarding my difficult question.
Can bankruptcy erase a debt to a former wife?
(court order to pay one sum - for a time period during the marriage -, not monthly maintenance installments after divorce.
Is the order to pay one sum to a former wife, defined as LUMP SUM ?
If yes:
1) can it be released on discharge in a bankruptcy automatically , ore is it excluded from an automatic discharge, because it is a provable debt. can I apply it with the standard forms ( 6.27 , 6.28 ) ( Ex160 ) ?
ore
2) Must this debt ( is it a Lump sum ? ) have a special bankruptcy application form , and must be as provable debt decided by the courts discretion ?
Regarding an internet search, I found the follow text , respecting a bankruptcy.
A) The insolvency ( Amendment ) Rules 2005 ( SI 2005 / 527 ) were introduced to rectify the anomaly by which matyrimonial debts could not be proved in bankruptcy. An obligation to pay a LUMP SUM or costs is now provable.
Periodical payments remain non - provable.
B) Rule of the insolvency Rules 1986 was amended ( by rule 44 of SI 2005/527 ).
The change in the law brought matrimonial LUMP SUM awards and COST orders into the list of provable debts of a bankrupt.
C)40.23 Family and domestic proceedings
( Amended July 2011 )
The following obligations relating to family and domestic life are not provable debts in bankruptcy ( Note 15 )
* Any obligation ( OTHER than an obligation to pay a LUMP SUM or to pay COSTS ) arising under an order made in family proceedings ; or
* Any obligation under a maintenance assessment made under the child support Act 1991 .
Conclusion: A LUMP SUM is provable in a bankruptcy.
Debts which were not provable in the bankruptcy are not released ; they are untouched by the bankruptcy process.
Thank you very much in advanc , I would be very pleased if you give me an answer.
Kind regards
Reinhard Resch |
| 2 L A T E S T R E P L I E S (Newest First) |
| Viki.W |
Posted - 08 March 2014 : 06:49:05
Hi,
Has a judge ordered that you must pay?
Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp |
| Niobe |
Posted - 07 March 2014 : 20:53:06
Hi and welcome to the forum.
Have you actually declared bankruptcy?
If not then I would suggest speaking to an expert - details can be found on the left hand side of the page. The advice is free.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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