banruptcy and divorce

[n1count]

Texas, i just got devorced and it is stated in the divorce decree that i owe my exwife 5000 dollars. i am thinking of filing bankruptcy. can i include the money owed to her (that is in the divorce decree) in the bankruptcy?

[azatty]

Sure (in fact, you have to disclose all debts), but it probably won't be discharged. If it's support, it isn't dischargeable. If it's something other than support, it might be a "domestic support obligation," and it might not be dischargeable, either. The Code says a DSO is a vile, wicked, and nasty beast that bankruptcy can't kill, but we don't know how the courts will determine that an order in a divorce is a DSO rather than something else. Expect a broad interpretation.

[n1count]

ok well heres the deal. she refsued to sign the dd unless i agreed to pay half her credit cards, (even though 99% of it was hers) i needed it signed so i could get insurance at work. so i agreed. i do not have the money to pay. she is threating to take it all at once.

[azatty]

Again, the answer is still "maybe," or "maybe not." It really depends upon the decree. Consult a local attorney.