Bankruptcy – Separation Agreement

October 7th, 2008 by Questions

My exhusband and I entered into a separation agreement earlier this year in which he would agree to monthly payments to me in order to pay off the marital debt, in exchange I would waive the 30 day waiting period following the divorce so he could remarry. I lived up to my end of the bargain, but he has not lived up to his, and has now filed for bankruptcy. I know that he can be discharged from the marital debts (in particular the car loan we had together), but can he be discharged from the separation agreement? It was filed with Unified Family Court, and an affidavit was also filed with them so I could pursue the matter at the local Sheriff`s Office. Prior to him filing for bankrupcty, I tried to collect the moneys myself from him, and when I was unsuccessful, I informed him of my plans to obtain the assistance of the Sheriff`s Office, and he told me `I wouldn`t see a cent` if I did. Do I have any chance of this separation agreement not being discharged in the bankruptcy?

Posted from: Newfoundland and Labrador

Questions

One Response to “Bankruptcy – Separation Agreement”



October 08, 2008 at 7:44 am, A licensed trustee said:

This is something that you need to discuss with a Family lawyer. Under bankruptcy law your ex is likely free from the debt, but under Family Law you may be able to sue him for violation or default on the separation agreement. You should call a Family Law expert and ask them…

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