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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I was sepearted 2 years ago and my divorce was final over a

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I was sepearted 2 years ago and my divorce was final over a year ago. I left him with everything and awarded him the house, with the condition he would pay the mortgage, home equity, etc... Well he didn't and know my credit is ruined, since my name was on the loans as well. I am trying to figure out how to get out of this and start moving forward to repaing my credit. Do I need to file bankruptcy to start over?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

You may consider bringing a contempt action to compel your ex to adhere to the order and bring the mortgage current.

Generally speaking, when someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt (may also be called an motion to show cause). In that motion you indicate what the orders are and how he has violated them.

You can typically pick the forms up at the clerk of the court's office and file them yourself.

I hope that the information which I provided was helpful to you.
Customer: replied 6 years ago.
But if he can't bring the accounts current how will that help me? I need to move on with my life... and I can't when 2 years later I am still getting things in the mail, like an account that I closed and he re-opened charged up $700 and now I am in collections for this money! I just want to be free and be able to move on and repair my credit. I can't pay the things that are negative on my report that he agreed to pay. I am also worried he will claim bankruptcy and then totally mess me up more.
Expert:  Ellen replied 6 years ago.

You may want to consider a chapter 7 bankruptcy. I will explain.

A Chapter 7 bankruptcy could discharge (erase) all of your unsecured debt such as credit cards, judgments and personal loans. It would be an opportunity for a fresh financial start. However, you may have to surrender assets, if any, that exceed your exemption.

Here are the exemptions for Arizona:

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