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My ex husband is going to go bankrupt so he doesn’t have to pay the Spousal support

My ex husband is going to go bankrupt so he doesn’t have to pay the Spousal support he said he would in our divorce agreement , He also has a loan on my car and is including that. What are my options? Can i stop it or is he allowed to do this?

Posted from: British Columbia

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One Response to “My ex husband is going to go bankrupt so he doesn’t have to pay the Spousal support”

Gareth Slocombe, Trustee | C.I.R.P | C.A said...

An obligation to pay spousal support is not extinguished with bankruptcy. This debt will survive his bankruptcy and he must keep paying it. Assuming the lender for the car loan holds the car as collateral for the loan, then this debt must continue to be paid if you wish to keep the car. I would expect that you may be able to contact the lender and make arrangements to continue the payments. As long as the loan is not in default, the lender can not seize the car simply because of the bankruptcy.