Are unpaid alimony payments dischargeable in bankruptcy?
In Louisiana, unpaid alimony payments are dischargeable in bankruptcy under certain circumstances. Generally, alimony is non-dischargeable under bankruptcy law, which means that the alimony payments must still be paid even if you file for bankruptcy. However, in Louisiana, if the alimony is more than three years delinquent and has not been paid, then it may be discharged in bankruptcy. In addition, if the alimony payments are made through an income assignment or garnishment, they may also be discharged in bankruptcy. This is because such payments are considered a form of debt, rather than a direct payment to the ex-spouse. The other requirements for alimony to be discharged in bankruptcy include that the alimony payments must also be unsecured, meaning that the payments are not backed by any collateral. Additionally, if the alimony payments were defined in a legal document, such as a separation agreement, they may not be discharged in bankruptcy, as they are considered a legal obligation. Therefore, while non-dischargeable alimony payments do still need to be paid in Louisiana, under the right circumstances, certain alimony payments may be discharged in bankruptcy. However, it is important to note that a lawyer should be consulted in order to determine what payments may be discharged in bankruptcy.
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