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What can a person do when his or her former spouse has filed for bankruptcy?

In bankruptcy, there are deadlines during which the creditor spouse must file pleadings to protect a position in bankruptcy court. A spouse who believes that his or her former spouse has fraudulently filed or filed in bad faith must protect his or her position in court. The burden is on the spouse who is the innocent party to file an objection to the bankruptcy.

If a spouse is fearful that his or her former partner is going to seek to discharge a spousal obligation, a motion to determine the dischargeability of the obligation must be filed within 60 days of a meeting of creditors, which is a normal step in bankruptcy.