Is Maintenance Dischargable in Bankruptcy
The quick answer is no. Maintenance is a domestic support obligation. A domestic support obligation must meet four criteria:
1. It must be due to a spouse, former spouse or child. . .
2. It must be in the nature of maintenance or support of such spouse, former spouse or child. . .
c. It must be established or subject to establishment as a result of a separation agreement, divorce decree or property settlement agreement subject to a Court Order . ..
4. It must not be assigned to a non-governmental entity unless the obligation is assigned voluntarily for the purpose of collecting the debt.
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