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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I live in Massachusetts. My ex-husband has filed for bankruptcy.

Resolved Question:

I live in Massachusetts. My ex-husband has filed for bankruptcy. I attended the meeting for creditors. You have 60 days from that date to challenge dischargeability of certian debts. I am owed $100,000 by my ex-husband as part of our divorce decree which he has never paid me. Part of that is a second mortgage which he was responsible for paying as part of the decree but defaulted on and I was forced to refinance to pay. All I want to know is if I need to file something or if this claim is protected even in bankruptcy.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Did your ex-husband file a Chapter 7 or a Chapter 13 Bankruptcy?
Customer: replied 5 years ago.
Chapter 7
Expert:  cfortunato replied 5 years ago.

The type of debt you described - owed to you pursuant to a divorce decree - is clearly not dischargable in a Chapter 7 Bankruptcy. Bankruptcy Stat. 523(a)(15).

There is nothing further that you have to do for the debt to be non-dischargable.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

 

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