Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Unhappy New Bankruptcy Law and Divorce Agreement Obligation

    My question involves bankruptcy in the state of: New York
    In our divorce agreement back in 2002 I had my lawyer put in that neither of us could file for bankruptcy without the other's consent while we share property which is the marital home 50/50 to be sold & divided when our youngest turns 18 yrs. old. My ex is talking about filing for bankruptcy, his name is solely on the mortage. This means that the marital asset would be lost and I filed a motion in Supreme Court to stop him from filing before the house could be sold. His lawyer is stating that under the new bankruptcy law of 10/17/2005, a petition filed no longer allows for discharge of any marital oblilgation. He says this includes payment of child support etc. Is this true? I believe that the marital contract is binding and he cannot file unless we do not have shared assets i.e. marital property. Please advise.. Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: New Bankruptcy Law and Divorce Agreement Obligation

    Under current bankruptcy law, child support, spousal support, and obligations under a divorce property settlement are not ordinarily dischargeable.

  3. #3
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: New Bankruptcy Law and Divorce Agreement Obligation

    This means that the marital asset would be lost and I filed a motion in Supreme Court to stop him from filing before the house could be sold. His lawyer is stating that under the new bankruptcy law of 10/17/2005, a petition filed no longer allows for discharge of any marital oblilgation. He says this includes payment of child support etc. Is this true? I believe that the marital contract is binding and he cannot file unless we do not have shared assets i.e. marital property. Please advise..
    Based on this statement, IMHO, you are confused. If he files bankruptcy, any settlement in the divorce should be upheld and is not generally dischargeable.

    1. Sponsored Links
       

Similar Threads

  1. Chapter 7: Chapter 7 Bankruptcy and Reaffirmation Agreement
    By goosey100 in forum Bankruptcy Law
    Replies: 2
    Last Post: 09-16-2010, 01:53 AM
  2. Chapter 13: My Tenant Filed Chapter 13 Bankruptcy After Signing the Rental Agreement
    By chembu9 in forum Bankruptcy Law
    Replies: 1
    Last Post: 10-20-2009, 06:50 AM
  3. Bankruptcy Issues: Divorce Agreement Before Filing Bankruptcy
    By soconfused2009 in forum Bankruptcy Law
    Replies: 1
    Last Post: 01-20-2009, 06:47 PM
  4. Property Division: Violation of Divorce Agreement
    By lalorva in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 10-03-2008, 01:27 PM
  5. Divorce: Divorce settlement agreement
    By bob1234 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 12-20-2006, 08:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources