ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Bankruptcy Blogs -> Bankruptcy Law Network

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Bankruptcy

: Bankruptcy Law Network

Discharges And QDROs

By L. Jed Berliner, Springfield & Marlborough, MA Ban

ADVERTISEMENTS

QDRO:  That nasty Qualified Domestic Relations Order that divvies-up a pension after a divorce.

Bankruptcy:  That other nasty procedure that may, or may not, get rid of all your debts.

Okay, listen up.  No bankruptcy can get rid of a family support order.  Chapter 7 cannot discharge a property division ordered by a divorce court, but Chapter 13 can.

So, is a QDRO a property division ordered by a divorce court?  Maybe.  It depends on your timing.

My experience is that there’s a couple of months after the divorce court orders the parties to execute a QDRO and process it, but before all that actually happens.  After it happens, the rights to the pension are written in stone (we call them present interests) and cannot be changed.  But before the QDRO is signed by all parties, then approved by the divorce judge, and then processed by the pension administrator – before all that happens, there may be a window of opportunity here.  An opportunity to discharge the obligation to sign the QDRO and present it to the pension administrator.  An opportunity.  A possible opportunity.

Full post as published by Bankruptcy Law Network on March 19, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0138 secs (new cache)