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That husband agrees to pay the mortgage payment on said home until the home sells.
Thank you for your question. I am happy to assist you.
I have a completely different view than your lawyer. You may want to refer your lawyer to the new bankruptcy code Section 523 (a) (15) which protects most marital property settlements from discharge.
Obligations from a divorce to pay support are not dischargable. Property settlements are presumed to be nondischargeable. It is unclear whether the payment is a property settlement or a support payment. But in either case, the action cannot be deemed frivolous. In fact the bankruptcy court is the proper venue to bring the action to determine the discharability of the debt.
In order to overcome the presumption that the property settlement is nondischargable, your ex would need to show that he cannot pay the debt and still take care of himself, his dependents, and his business, or that discharging the debt would result in a benefit to the debtor that outweighs the harm that would be caused to the former spouse.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
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I think your answer is very helpful.
I do not believe the divorce agreement specifies Property or Spousal support. It seems to be worded as just a "statement" by my ex. I can obtain a copy of this during my lunch break and copy word for word to send this to you if it will help.
My lunch break will be in about 1 hour, so I should be able to send this by 12:30pm eastern time. Is this acceptable to you?
I hope that this information has helped you.
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Your documents were just forwarded to me. I have reviewed the the documents.
The debt is either spousal support or property settlement. My reading is that a property settlement finding would be more likely. As previously discussed, a property settlement is presumed to be nondischargable. To have the benefit of the nondischargability of the debt, you must file an adversary.
In the adversary you will want to have the two counts previously discussed. One count for spousal support. One alternative count for property settlement.
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