Judgment Liens Securing Support Awards

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Judgment Liens Securing Support Awards

Information Provided by: Divorce Source, Inc.

The substance of 522(f)(1)(A), qualifying the phrase "a judicial lien" was added by the Bankruptcy Reform Act of 1994. As a result of this provision, a judicial lien securing a support obligation may never be avoided under 522(f)(1)(A). As discussed above, courts tend to interpret the term "support" quite broadly.

However, the bankruptcy court is required to look behind a label placed on an obligation to determine the true nature of the debt based on the intent of the parties at the time the obligation was created.

Information Provided by: Divorce Source, Inc.

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PAYING THE PIPER -- Both spouses are responsible for the debts incurred during the marriage. A divorce settlement divides the debts, assigning some to one spouse and some to the other, but the divorce settlement doesn't bind the creditor, who can collect the debt from either spouse. The creditor can come after either spouse because both have joint and several liability.

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