Q: Ex-husband is filing Chapter 13. According to the divorce decree, he was to buy me out of my interest in the house with
36 monthly payments, after which I was to file a Quit Claim. How does his filing 13 affect his monthly obligations to me? Thanks in advance...
A: Doesn’t affect them at all. He’s still obligated to pay you per the decree.
1 user found this answer helpful
A:
Your ex-husband's Chapter 13 Bankruptcy does not get rid of his obligation as you describe it in your divorce decree. Depending on the facts of your situation and how your ex-husband's Chapter 13 Plan is set up in your jurisdiction could affect what you are able to do in terms of enforcement of your right to receive payments. You appear to be a creditor of his as he owes you money on a house. Based on this, one could assume that his Plan addresses or will address his on-going obligation to pay you payments on the house.
I highly recommend you have a consultation with a reputable experienced bankruptcy lawyer in your local area who can look at the ex-husband's filed bankruptcy paperwork (which is public record with the Federal Bankruptcy Court) and assess how it affects you specifically. This answer should not be considered legal advice, and serves as, hopefully, helpful general legal information for you.
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