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.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..

