Can You Discharge Alimony in Bankruptcy

[golfguru1970]

My question involves bankruptcy in the state of: texas

Can Alimoney be included in a chapter 7 bankrupcy

[despritfreya]

Yes, if you are behind it is "included" in a bk as you list ALL debt.
Yes, if you have an ongoing monthly alimony payment, the payment is listed in the bk as a necessary monthly expense.

However, alimony IS NOT dischargeable in ANY bk.

Des.

[Dogmatique]

Des, if the alimony is for a set amount over a set period and then turned into a civil judgment, does that change anything?

Thanks

[despritfreya]

Des, if the alimony is for a set amount over a set period and then turned into a civil judgment, does that change anything?

That is a good question and I am not sure of the answer. The underlying reason for the debt has been merged into a judgment but, does that judgment lose its character as being in "in the nature of support" pursuant to 11 USC 101(14A)? Certainly the answer must be "no" if the judgment arises out of the divorce litigation. But what if it somehow arises from a different civil litigation? Not sure about that one or even if such is possible.

Edt: To be sure, the debtor could file a Complaint under 523(a)(5) to obtain a bk court determination. But, doing so could end with a finding that it is "support". So, no matter how you slice it, there is a risk.

Des.