Virginia Bankruptcy Law - Alimony
11 U.S.C. 523 provides discharge will not be allowed for debts owed (5) to a spouse, former spouse, or child
of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a
separation agreement, divorce decree or other order of a court of record, determination made in accordance with
State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that -
(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts
assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to
the Federal Government or to a State or any political subdivision of such State.
Virginia Bankruptcy Law - In Practice
The interest of children is protected to high degree, and thereafter debts owed to ex-spouses will survive
discharge in most circumstances, so long as the debt is actually owed to the spouse.
Be aware that all options are not available to all debtors. The availability of alternatives depends on
several factors. State & federal laws change frequently through the legislative process and through court
interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and
customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and
selection of options before filing.
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