Alimony Laws Virginia Richmond Lawyer Spouse Divorce Support
Alimony Laws Virginia Richmond Lawyer Spouse Divorce Support
Antony v Commonwealth
Facts:
Issue in show cause proceeding before the court was whether respondent husband’s post-divorce bankruptcy had discharged his obligations under the parties’ divorce decree. Petitioner alleged respondent had failed to comply with several provisions in the decree. That clause also contained language that if respondent were unable to cover petitioner on his medical policy, he would increase her support by the amount necessary for her to obtain health insurance. Shortly after the divorce, respondent filed bankruptcy. Under 11 U.S.C.S. § 523(a)(15) of federal bankruptcy law, a debtor could not discharge debts to a spouse or former spouse for alimony or support in connection with a divorce decree or other order of a court of record, if the debt was actually in the nature of alimony, maintenance, or support.
If you are facing a divorce case in Richmond, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Alimony Laws Virginia Richmond Lawyer
Holdings:
The Virginia Court made the following holding:
- In 1994, Congress amended the Bankruptcy Code to expand the nondischargeability of debts to equitable distribution debts. See 11 U.S.C.S. § 523(a)(15). However, the creditor spouse must initiate an adversarial proceeding in the bankruptcy court within a specified time in order to obtain a determination that the property distribution debt is no dischargeable.
- Under 11 U.S.C.S. § 523(a)(5) of the federal bankruptcy law, a debtor cannot discharge a debt to a spouse or former spouse for alimony or support in connection with a divorce decree or other order of a court of record, or property settlement agreement, if the debt is actually in the nature of alimony, maintenance, or support. Whether a debt is a support obligation, and not dischargeable, or a distribution of property, and dischargeable, is a matter of federal law.
The SRIS Law Group Richmond Virginia divorce lawyers will do their best to help you with your divorce case. Contact a Richmond Virginia divorce lawyer from our firm to discuss your divorce case.
A Richmond Virginia divorce lawyer from our firm will talk with you about your divorce case in Richmond Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Richmond Virginia Divorce Lawyer
7400 Beaufont Springs Drive,
Suite 300 Richmond, Virginia 23225
Phone: 804-201-9009
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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CHAPTER 7 BANKRUPTCY LAWYERS IN VIRGINIA & MARYLAND
The Chapter 7 bankruptcy lawyers of SRIS, P.C. handle Chapter 7 bankruptcy matters in Virginia and Maryland, with Virginia offices in Fairfax, Virginia Beach, Richmond, Manassas and Lynchburg, and Maryland offices in Rockville and Annapolis.
Contact us today for your initial consultation regarding your Chapter 7 bankruptcy case. You can complete our online intake form or call us at 888-437-7747.
Do You Qualify for Chapter 7 Bankruptcy In Virginia & Maryland?
The recent changes to the bankruptcy code, may limit your ability to file a Chapter 7 bankruptcy. To determine whether you are eligible to file under Chapter 7, also known as straight bankruptcy, you must consider two elements.
Is your current monthly income less than or equal to the median income in your state. This means that it may be more favorable for you to be in one state over another – but the new bankruptcy laws also established residency requirements, so you can’t relocate just to be in a state where you would meet the income requirement.
Second, even if you meet the income requirements, you have to qualify for Chapter 7 bankruptcy under the means test.
To determine whether you qualify under this test, it is helpful to discuss your individual circumstances with an experienced bankruptcy attorney.
Contact Us Today
Our skilled Chapter 7 bankruptcy lawyers will help you determine the best option for your personal situation. Contact us by calling 888-437-7747 or completing our online intake form.
For more information about bankruptcy generally, please see our Bankruptcy FAQ.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal
Assistance to Consumers Seeking Relief Under the Bankruptcy Code
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CHAPTER 13 BANKRUPTCY LAWYERS IN VIRGINIA & MARYLAND
If you are having trouble meeting your financial obligations, or feel like you’ll never be able to get out of debt, filing for Chapter 13 bankruptcy may be a wise choice for you. Chapter 13 bankruptcies are also known as the wage earner’s plan. , allows people who have a regular source of income create a financial plan for eliminating debt.
At SRIS, P.C., our experienced bankruptcy lawyers help people in Maryland and Virginia restructure their debts using the Chapter 13 bankruptcy process. Contact us today to discuss your concerns.
What Is Chapter 13 Bankruptcy?
With a Chapter 13 bankruptcy, you agree to pay your creditors some portion of the money that you owe them over a three to five year period. Frequently, this agreement will include a reduced interest rate for these debts or even eliminate interest entirely. The precise amount you have to repay will be determined by your disposable income, and your other financial obligations.
The entire process will be overseen by the bankruptcy courts, and creditors are not allowed to attempt to collect from you outside of this agreement.
Contact Our Bankruptcy Attorneys Today
If you are considering a Chapter 13 bankruptcy, our experienced Chapter 13 bankruptcy lawyers can help you determine what type of bankruptcy will work best for you. In Maryland or Virginia, call us at 888-437-7747 or complete our online intake form today.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal
Assistance to Consumers Seeking Relief Under the Bankruptcy Code
Virginia Chapter 13 Bankruptcy Maryland Bankruptcy Home Lawyers Payment Plan
CHAPTER 13 BANKRUPTCY LAWYERS IN VIRGINIA & MARYLAND
If you are having trouble meeting your financial obligations, or feel like you’ll never be able to get out of debt, filing for Chapter 13 bankruptcy may be a wise choice for you. Chapter 13 bankruptcies are also known as the wage earner’s plan. , allows people who have a regular source of income create a financial plan for eliminating debt.
At SRIS, P.C., our experienced bankruptcy lawyers help people in Maryland and Virginia restructure their debts using the Chapter 13 bankruptcy process. Contact us today to discuss your concerns.
What Is Chapter 13 Bankruptcy?
With a Chapter 13 bankruptcy, you agree to pay your creditors some portion of the money that you owe them over a three to five year period. Frequently, this agreement will include a reduced interest rate for these debts or even eliminate interest entirely. The precise amount you have to repay will be determined by your disposable income, and your other financial obligations.
The entire process will be overseen by the bankruptcy courts, and creditors are not allowed to attempt to collect from you outside of this agreement.
Contact Our Bankruptcy Attorneys Today
If you are considering a Chapter 13 bankruptcy, our experienced Chapter 13 bankruptcy lawyers can help you determine what type of bankruptcy will work best for you. In Maryland or Virginia, call us at 888-437-7747 or complete our online intake form today.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal
Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
Virginia Chapter 7 Bankruptcy Maryland Stop Foreclose Liquidation Save Home Credit Cards
MARYLAND AND VIRGINIA BANKRUPTCY LAWYERS
If you’re over your head in debt and you’re looking for a way out, come to the experienced bankruptcy lawyers of SRIS, P.C. We handle bankruptcy matters in Virginia and Maryland, with Virginia offices in Fairfax, Virginia Beach, Richmond, Manassas and Lynchburg, and Maryland offices in Rockville and Annapolis.
Contact us today for your initial consultation. You can complete our online intake form or call us at 888-437-7747. If we aren’t able to answer you immediately – we will get back to you very quickly. We do our very best to reply to all of our phone calls within eight hours or less.
Do You Qualify for Chapter 7 Bankruptcy?
With the recent changes to the bankruptcy code, you may be limited in your ability to file Chapter 7 bankruptcy. To determine whether you are eligible to file under Chapter 7, also known as straight bankruptcy, you must consider two elements.
First, your current monthly income must be less than or equal to the medium income in your state. This means that it may be more favorable for you to be in one state over another – but the new bankruptcy laws also established residency requirements, so you can’t relocate just to be in a state where you would meet the income requirement.
Second, even if you meet the income requirements, you have to qualify for Chapter 7 bankruptcy under the means test. The means test is intended to determine whether you have enough income to make payments under a Chapter 13 reorganization bankruptcy – and therefore whether you will be required to restructure your debts rather than having these debts forgiven.
Determining whether you can qualify under the means test can be a complicated process, involving multiple factors. To determine whether you can qualify under this test, it is helpful to discuss your individual circumstances with an experienced bankruptcy attorney.
Contact Us Today
Come to our law offices today; our skilled Chapter 7 bankruptcy lawyers will help you determine the best option for your personal situation. Contact us by calling 888-437-7747 or completing our online intake form.
For more information about bankruptcy generally, please see our Bankruptcy FAQ.
We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal
Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
