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 Can bankruptcy erase a debt to former wife ?
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Starting Member

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Posted - 07 March 2014 :  17:34:59  Show Profile  Visit Reinhard's Homepage  Reply with Quote

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 ) ?

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


United Kingdom
4590 Posts

Posted - 07 March 2014 :  20:53:06  Show Profile  Reply with Quote
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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forum expert

United Kingdom
2211 Posts

Posted - 08 March 2014 :  06:49:05  Show Profile  Reply with Quote

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
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