I live in MA - I am planning to file for bankruptcy and am concerned about a part of the divorce agreement. I agreed to pay $775.00 a month to the ex-wife (thru her attorney which he sends to her. I have been doing this since 06/07 - she had failed to pay the mortgage for July, Aug and Sept and finally brought it up to date in Oct (after a threat to return to Probate) now the same issue has arisen again - she has failed to pay the mortgage for Nov, Dec and in a few days for Jan 08 - (she has also been late on the second mortgage - which has now tanked my credit - so the question is -
Will the bankruptcy override the divorce agreement- getting me out of the house payment and avoiding any problems with the Probate Court. For clarification the $775.00 is not in the form of alimony or child support (which per the agreement I do not pay either - the ex refused alimony and there are no child-support issues - our 20 year daughter lives with me while she is going to college as a fulltime student)
The payment is clearly identified in the divorce agreement as my share of the payment for the mortgage.
I am planning to send to the bankruptcy attorney the Dec payment of $775.00 to get the ball rolling. Do you see any potentional problems.
Thank you
Will the bankruptcy override the divorce agreement- getting me out of the house payment and avoiding any problems with the Probate Court. For clarification the $775.00 is not in the form of alimony or child support (which per the agreement I do not pay either - the ex refused alimony and there are no child-support issues - our 20 year daughter lives with me while she is going to college as a fulltime student)
The payment is clearly identified in the divorce agreement as my share of the payment for the mortgage.
I am planning to send to the bankruptcy attorney the Dec payment of $775.00 to get the ball rolling. Do you see any potentional problems.
Thank you
