Yes, he can file bankruptcy. There is no such thing as "filing bankruptcy against, or on something." An individual files bankruptcy and their assets and interest in assets, as well as their debts, become part of the bankruptcy.
What is your underlying concern?
Unfortunately, sounds like you got scammed. In the short run, contact the Colorado Attorney General and report it.
These scam debt relief agencies are a dime-a-dozen. It is unlikely that a settlement was ever actually paid; so legally, you still owe the debt. You could sue Next Gen., for all the good it will do.
Probably time to seek out real debt relief options and talk to reputable attorneys. Too many people rule out available options due to bad information or fear. Debt settlement is...
I agree with Brian, the path of least resistance is probably to set up a new agreement with the new agency. Otherwise, push comes to shove, the only way to "try" to enforce the prior settlement agreement is to sue in court. That is what court is for; two parties are in dispute, and they have been unable to resolve it. When that happens, all it leaves is to fight it out in court.
Depends. If the plan has already paid the arrears, AND you are otherwise current on your mortgage, then you should have no issue with converting to a chapter 7. The arrears have been cured.
If the plan has yet to pay all the arrears, then you have a problem. When you convert to chapter 7, you will still be in default of your mortgage. As such, you will be back to square one with the mortgage. You will need to work out something with the bank, but if you can't, then the bank forecloses.
The easiest way to find out is to call the court clerk in the district in which this person would be filing the case. If the court clerk won't answer the question, you can check the districts local rules of bankruptcy procedure. However, he will have ONE problem, the creditor matrix. (this is how the court creates the mailing list). The creditor matrix must be typed and formatted a certain way. When you call the court clerk, you will want to specifically ask about the creditor matrix and find...
First, your husband can file bankruptcy, individually, regardless of your prior filing. Whether his bankruptcy, by himself, will achieve all your goals is a different question. However, if your plan is to (or if you need to) do file a joint bankruptcy, then an analysis would need to be done to determine your eligibility. Some factors include which chapter of BK you filed previously, what chapter you intend to file now, and when you filed your prior case.
No. As stated, your kids are not you. Your kids inheritance will not become part of your bankruptcy. Now, of course, this comment assumes the inheritance flows directly to your kids. So, the real answer to your question will lie in your parent's estate plan. Ideally, your parents have (or by operation of the Will, will create) a generation skipping trust. A trust set up such that your kids are the beneficiaries.
Was the business appraised as part of the divorce proceeding? Does the judgment contain a "number" that must be paid. If the judgment contains the value of the business and the number that MUST be paid to you, then it probably doesn't matter what your ex does with the business, he is still obligated to pay the amount stated in the judgment. If the above is not the case, then you have problems. In addition, there are a ton of other variables that could factor in, and no one here knows the...