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I have been divroced for a year and a half.

Sturbridge, MA |

In /state of Mass. the divroce decree stated that he was suppose to pay me $400.00 a month for three years, pay for my dogs doggie day care and pay all charge cards and school loans. I called all charge cards and got my name dropped except home depot would not do it. He never paid the $400, or the doggie day care. Now he is filing bankrupsey and I just checked my credit score and he has never paid the home depot bill and it is showing up on my credit report. Can I go to divroce court since he is in contempt of court and hold up his bankrupsey till he pays off the home depot bill? His ex wife has money infact they had a big wedding and went on a big vacation.

Attorney Answers 3


Additional facts are needed: You are an unsecured creditor in his bankruptcy but if the payments he was supposed to make are in the nature of alimony - the debt cannot be discharged in bankruptcy. Regardless of where the payments fall, you probably should be filing a complaint for modification to either amend an exisiting alimony order or create a new one so that you recevie the income the court decreed you entitled.

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You should consult a lawyer some parts of the court order may not be dischargeable in bankruptcy.

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Some more specifics are needed, but if parts of the order are support based then those financial obligations can't be discharged. I would file a contempt and modiciation.

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