However, if your Texas bankruptcy filing includes arrearages owed on your support obligations, you can use Dallas chapter 13 bankruptcy to give you time to catch up on the previously missed payments. This is helpful because rather than facing a lawsuit from your ex-spouse or an enforcement agency regarding your back due child support, you can prevent your wages being garnished by filing bankruptcy chapter 13 to catch up your missed payments.
In chapter 13 bankruptcy, marital property obligations are generally dischargeable pursuant to Section 523(a)(15) of the Bankruptcy Code. Although the code is very specific and the language seems favorable, often times the Bankruptcy Court must decipher the intent of the divorce decree and whether the particular debt is in the nature of support or a property obligation. Assuming the latter, successfully completing all of your repayments in the chapter 13 bankruptcy will allow you to include property settlement debts in your discharge.
Knowing how to decode your divorce decree and determine the impact each obligation will have in bankruptcy is critical in this type of situation. Finding a knowledgeable bankruptcy attorney in Dallas is critical to the success of your case.