Couldn't I get absolved from this via bankruptcy by including any obligations from the divorce decree in it?
I have no assets now and it wouldn't be worth her to go after me except being removed from an obligation to pay me a 48K equalization payment. Could she come after me in the future when my financial situation improves?
So, the only solution to prevent any future headaches from this is a short sale?
can't do any of those
house is under water
Canadian Bankruptcy process for notifying creditorsThere is currently a loophole in Canadian law where divorce settlement payments can be discharged via bankruptcy as explained in this CBC article in 2011:http://www.cbc.ca/news/canada/story/2011/07/14/supreme-court-divorce-decision.htmlWhat's disconcerting is the affected spouse did not know her ex filed for bankruptcy and therefore could not act in a timely manner to fight for what was due to her in divorce.In the US, you are required to notify your creditors directly when filing for bankruptcy so they when and where the hearing takes place.What is the process/requirements for Canadian bankruptcies to contact creditors about these hearings?
Sorry, I meant this to go out to a Canadian bankruptcy lawyer and not be a reply to your response.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).