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

