Macomb bankrutpcy and divorce.

In re: Emery, Glazebrook v Emery, ___ F Supp 2d ___ (WD Mich 2010)
Husband and wife consolidated their student loans during their marriage. Their divorce judgment required them to divide repayment of the consolidated loan in the same proportion as the debt they incurred, 54% husband, 46% wife. During the divorce, wife filed for bankruptcy protection, receiving her discharge the day the judgment was entered. The federal court, affirming the bankruptcy court decision, held that wife’s obligation to repay 46% of the consolidated loan was an obligation under the divorce judgment. That made it a post-petition debt, arising the day the judgment was entered, so it was not discharged in the earlier-filed bankruptcy. It refused to reopen the bankruptcy, nearly 9 years, later, to allow the debt to be discharged. www.attorneybankert.com