Well 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
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Depends on your divorce settlement. Was the $5K part of the equitable distribution/property settlement or was it meant to be support (ie: alimony/spousal support/lump sum alimony etc)? If it was equitable distribution you may be able to include it in a chapter 7, if it was meant to be support you may be on the hook for it. What exactly does your agreement say?Originally posted by atl3128 View Post -
It was not meant to be alimony I know that for sure the judge did say that.Comment
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I dont have a copy of the settlement aggrement handy but it says something to the affectof the Husband shall pay 5k to the wife to satisfy her interest in the rental property loccated at blank address.Comment
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Thats good considering she ran up the large portion of the credit cards on tutition and then dropped out. Not to mention I offered her the 5k to sign the papers asap and F off it took her nearly 2 years to sign.Comment
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