My ex-wife just got a judgment against me. Can I list it in my bankruptcy?


Certain debts are non-dischargeable and survive your bankruptcy.  These priority debts are generally:  taxes, student loans, criminal restitution, and child support/alimony (called “domestic support obligations, or DSO”).

If your ex-wife’s judgment is from a divorce decree and relates to debts that you are required to pay as part of your divorce, it MAY be considered DSO, which means that it would survive bankruptcy.  You’ll need to bring in the actual decree to a more seasoned bankruptcy attorney so that he can go through the decree and give you a straight answer.

However, if she gets a judgment against you after the divorce, then it’s probably dischargeable, unless it related to a DSO.

I had a client come into my office this week who was divorced years ago.  He and the ex got back together briefly, they had some financial difficulties, and they broke up again.  She later sued him on a personal loan she had given him and received a very healthy judgment against him.

This lawsuit, loan, and debt can all be listed in the bankruptcy and be wiped out.  This is not a DSO, it’s just a run-of-the-mill debt, and she is a regular creditor.  This will give her even less reason to like you, but odds are that that ship sailed long divorce judgment