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Ex spouse files for bankruptcy in MA

I just read the other post about the ex spouse filing for bankruptcy and I'm not sure I follow it. Are you saying that my ex husband's obligation to pay my mortgage could be considered something like child support and so he will not be able to discharge it under his chapter 7 bankruptcy?

Divorce and bankruptcy

In the other post regarding bankruptcy after divorce, I started out by recommending that the reader talk to an attorney, and I repeat that advice for your benefit. All divorces are different, and certain procedural actions may be required on your part to protect your interests after your ex files bankruptcy.  But, generally, a former husband or wife who files under chapter 7 bankruptcy will not get a discharge of "domestic support obligations."  However, I can't tell you if, in your situation, the family court will find that your husband's obligation to help pay the mortgage constitutes a domestic support obligation.  That determination will be made based on, among other things, the wording of the divorce judgment and the specifics of your situation.  For example, if the mortgage payments were ordered to allow children to continue to live in the house, then a judge might be more likely to consider the payments a domestic support obligation.  Good luck.

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