Quick Answer: When an ex-spouse files Chapter 13 bankruptcy, divorce-related debts like property settlements are generally non-dischargeable if specified in the divorce decree. The debtor violated the agreement by not listing the ex-spouse as a creditor, but the $20,000 divorce settlement debt should survive bankruptcy proceedings.
“Dear Steve,
was divoriced due to inrecinsoluble diff./basically he was abusive and minipulating!*long story short*our divorce agreement was that he was to pay me $5000 within 30 days,another $5000 in six months,and the remainder $10,000 in two years!
this was six years ago & extremely genorous and idiotic of me.,against every1 telling me i was a fool to let him off soo easily i just wanted out to start over,it was his second divorce and he had two minors prior so i had sympothy…now for the past three years i have since wrote him a letter of contempt ,and he called me crying begging me to give him till the end of the year and then he would be out of all his debts and he would pay me,that was 2011/in 2012
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i called him and said what is he going to do about paying me and he said can he make payments of $100 dollars a month untill 2013/1 year, and then he would pay me the remainder,Well needless to say i agreed to be nice AGAIN!(BTW,HE ONLY MADE 4 $100 PA YMENTS,2 IN MARCH 1 IN APRIL 1 IN JUNE.HE WAS VERY INCONSISTANT AND WOULD CALL ME TELLING ME HE WAS MAKING A PAYMENT AND NEVER DID…I AM CURRENTLY A RETIRED HAIRDRESSER DUE TO SEVERE ASTHMA ISSUES THAT FORCE ME NOT TO BEABLE TO BE AROUND ANY CHEMICALS ANYMORE!OH 6 MTH AGO HOWARD REMARRIED HIS DRUG COUNCLER AND ARE BOTH FILING JOINTLY BANKRUPTCY 13..thank you in advance for your time and expertice with this matter.
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in our divorce agreement i am non-dischargable in bankruptcy if he files.he did not list me in his bankrupcy 13 however i did get a letter from courts,i am challanging him at his hearing that he still owes me this and that i want to be included in his payment plan,my question to you Steve is,( i would think i am up there on priority list but is there anyway that he can get out of including me in his bankruptcy?if sooo how?god bless you and have a blessed day:))
Jennifer”
Dear Jennifer,
You should really discuss these technical issues with a bankruptcy or divorce attorney. What I can share with you is my layperson experience.
As far as I am aware the key factor here would be how the payments to you were defined in the divorce agreement. Are they alimony or a marital debt?
It is my understanding that if they are labeled something other than alimony that they may be dischargeable in bankruptcy.
Please post your responses and follow-up messages to me on this in the comments section below.
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