Chapter 7 and divorce???

[atl3128]

I live in Georgia and after nearly 12 months of not paying my credit cards I have decided to file chapter 7. I have nearly 25k in cc dept, 12k auto dept and 33k in left over dept from the shortsale of my home. the question that i had was this I my recent divore I had a rental home that was about to be sold however the tenants moved out and vioded the lease to buy agreement the hose did not sell and went into forclosure and is now gone. I had agreed to give my exwife 5k of the equity (after the sale of the home) in the divorce agreement which is not possible now. Can I include the 5k in my chapter 7? The home was never in her name only in my name and I purchased the home several years before we were married.

[JRScott]

Since the 5k is part of a divorce decree you probably need to contact the lawyer of your divorce proceedings and tell him you cannot satisfy that requirement as the home went into foreclosure and thus it was never sold. See what you need to do, I'm not familiar with divorce proceedings .

When you go for the free consults mention this to the bk attorney and see what he says. To be safe you might need to list her in the bk petition as a creditor. However I'm not sure if the debt is dischargeable. If you haven't done so I'd talk to your ex wife about the rental home and that it went into foreclosure and therefore there are no funds to distribute.