Can you file business bankruptcy to avoid alimony and start another business under a new partner's name??

Question

Our friends are going thru this right now. Ex-husband is filing Chapter 13 and says he will start a new business under someone else's name- not with a partner .........Thanks

Answer 1

Do you have a court order requiring you to pay alimony?

If so, you can't avoid it. You will be in violation of the court order, can be found in contempt of court and jailed. And then filing business papers under someone else's name is against IRS rules, so you can go to prison, not just jail.

Be a man. Pay what was determined you owe. If you want to fight it, get a better lawyer and revisit this in court.

Answer 2

You'll have to be more specific than that.  You can't file chapter 11 for anything but bankruptcy unable to pay business debts, that is your business has less assets than liabilities.

If the business is insolvent it would seem it gets the chapter 11.  Will it stop alimony, is an attorney's question.  Guess, just a guess, is no, but maybe if the business is in you and that person you are paying alimony, may buy time.

I would not want to practice law, and won't even guess, but if you have the where with all, yahoo, or Google should give a hint.

Also try the National foundation for Credit Counseling http://www.nfcc.org your question reeks of "potential problems", and possible litigation.

If a bankruptcy is granted, you can always start a new business w/another person, but your question seems "problematic", and not detailed without the specific details,,,,,,,,,, for "questionable" reasons.  Even an attorney you hire may tell you that, unless he doesn't care just wants your money.  You'll have to go in and get counsel who really understands your motives.

Answer 3

a "new partner" indicates your name would also be included in the partnership - sounds illegal to me