What can I do to clear my credit if my ex never paid debt according to divorce decree?
Full Question:
Answer:
Generally, the filing of a bankruptcy petition stops all court proceedings against the debtor, and brings all property of the debtor and all community property of the debtor and his spouse into the bankruptcy estate. The Bankruptcy Code recently made nonsupport obligations created in connection with a divorce or separation nondischargeable in Chapter 7 if discharge of the obligation would harm the non debtor spouse more than it would benefit the debtor. 11 U.S.C. 523 (a)15.
Unlike support obligations, which are nondischargeable without needing any action taken by the recipient spouse, these marital separation obligations survive the bankruptcy only if the nondebtor spouse files a timely action to prevent the debt from being discharged. The debts will be discharged unless the nondebtor spouse timely files an adversary proceeding.
