My question involves bankruptcy in the state of: Pennsylvania
When my ex-husband and I divorced in 2007, we co-owned a business and had a loan that was in my name and co-signed by my parents (using their house as collateral). Our Marriage Settlement Agreement called for him to send me 80% of the loan payment every month until the loan was paid in full.
I filed Chapter 7 early this year and although the business loan was considered an unsecured debt for me, we continued making the payments so the bank did not go after my parents. Now my ex-husband also filed Chapter 7 and has stopped making payments to me giving the following two reasons: (1) I was listed as a creditor in his bankruptcy and (2) the business loan doesn't even exist anymore because of my own bankrupcy filing.
I know that a debt owed to a spouse through a divorce agreement cannot be discharged under Section 523(a)(15). However, I'm not sure about my ex-husband's argument that the loan no longer exists... it certainly does exist because if we weren't making the payments, the bank would pursue my parents for the money. Can I take him to court to force him to continue making the payments under the terms of the Marriage Separation Agreement???