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When Is A Division of Pension Dischargeable in Bankruptcy?

Short answer: it is not even part of the bankrtuptcy.

I bring this up because I just used Google Scholar's ability to search appellate opinions.  I decided to see if it included Indiana opinions and so I used my full name.  It does include both Indiana appellate decisions and decisions from our Indiana bankruptcy courts. 

The search turned up an opinion from Judge Bayt from the United States Bankruptcy Court (Indianapolis Division) in a case of mine dealing on whether husband could discharge a division of his pension from his divorce:  In re Britten.  Judge Bayt did a wonderful job of collecting the case law on pensions and QDRO's and I do not think there are any major changes since then.

Quite a learning experience on two levels.  The first was about the law and the second was about research.  The second one was much more humorous - call it a case of both lawyers looking at the trees and not the forest.

I no longer practice consumer bankrutpcy law but I am quite happy to represent creditors - including divorced spouses - in bankruptcy court.prop

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on December 28, 2009 (boomark / email).