From the Editor – Discharge and Dischargeability • NACTT Academy

From the Editor – Discharge and Dischargeability

By The Honorable William Houston Brown (Retired)

Marital settlement agreement’s obligation to hold spouse harmless from credit card debt gave rise to implied indemnity right for purposes of § 523(a)(15). Under California law, the Chapter 7 debtor’s promise in marital settlement agreement to pay credit card debt and hold wife harmless was enforceable, even though the agreement did not include indemnification language. Section 523(a)(15) does not require that the obligation be paid directly to the former spouse, and under California law, the debtor’s obligation was an implied indemnification claim. The . . .

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