debts in a court order

March 23rd, 2011 by Questions

My ex and I have a court order that divided the debts. I have tried to keep up with the payments but between child support and trying to live I am no longer able to. Plus I have been laid off from my job and have taken one that pays way less. If I claim bankruptcy can she come back on me for the debt that I was suppose to pay but is still in both of our names?

Posted from: Ontario


One Response to “debts in a court order”

, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:

This is quite a common situation. What happens is that if you file for bankruptcy you will legally be cleared from the unsecured debts you have signed on. The presence of the separation / divorce agreement.

Where things get tricky is that when you file for bankruptcy and stop making payments on these debts you will be in violation of this divorce / separation agreement. Now we are starting to get outside of my area of expertise, but I would assume that your ex could apply to court to get the arrangement reviewed. But that is something I would recommend that you review with your attorney.l

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