A
female
age
41-50,
*ountryaly76
writes: I got divorced a few years ago. In my divorce I was awarded the house with my ex husband paying the outstanding debt. My property stood good for the mortgage but my name isn't on the mortgageA few months ago my ex decided that he was filing bankruptcy a chapter 7. And including the house in it. And he has stopped making the payment. I talked to my divorce attorney and he advised o file contempt of court against him. I don't want to put him in jail. My lawyer also informed me that marital debt is not dischargeable in bankruptcy. I told my ex that and he won't listen. I'm afraid I will lose my home and property. Should I push this issue and take him back to court or simply walk away and try to find another place to live? He can afford to actually make the house payment, I'm shocked that he can do a chapter 7 bankruptcy with the amount of money he makes. Any advice would be appreciated
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bankrupt, debt, discharge, divorce, in jail, money, my ex Reply to this Question Share |
Fancy yourself as an agony aunt? Add your answer to this question! A
female
reader, So_Very_Confused +, writes (21 March 2016):
Clearly your STB ex does not care about you or hurting you or any children involved...not sure why you feel you need to play nice.
FILE the contempt papers.
A
female
reader, anonymous, writes (19 March 2016): I think you need to do what your lawyer suggests. Surprised you would think twice.
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A
female
reader, Honeypie +, writes (19 March 2016):
I think you should listen to your lawyer.
You ex's income has nothing to do with being able to file for bankruptcy. Heck, Trump have filed several times in his earlier days and THAT man wasn't lacking in income.
A Chapter 7 bankruptcy liquidates your assets to pay off as much of your debt as possible. ALL your assets! You don't get to pick some that you do not want to liquidate.
AND this is WHY you NEED to listen to your lawyer and FOLLOW his advice. IF you were awarded the house - he shouldn't be able to include the house as far as I know.
I don't think he will be throw in jail for this, hopefully HIS lawyer will advice him to do the right thing.
So in short. DO as your lawyer suggest... OR be out of a home.
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