Legal Question in Bankruptcy in Massachusetts

You are stuck with the missed payments on your credit report unless payments are made.

- If ex filed Chapter 7, then you're all set and contempt in probate court is where you need to be but only after his case is closed or if you retain a bankruptcy attorney to get earlier "relief from the automatic stay" so you don't have to wait.

- If ex filed Chapter 13, you need to consult with a lawyer experienced in this very specialized sub-specialty of bankruptcy. Sorry. It's likely to be expensive and might require a full trial.

- You might have to consider your own bankruptcy to get clean credit in two years.

With a divorce decree stating that he is contractually obligated to be responsible for the payments, it may be possible to file an adversarial proceeding as a creditor against your ex's bankruptcy. But you would have to do it while the bankruptcy is still pending. Your ability to do this (and your ability to get anything out of it) also depends largely on whether he filed a chapter 7 or a chapter 13. A contempt in probate court is great, but if he has not received a discharge yet, you may still have hope of some recovery by filing an adversarial proceeding.

As for the problems that your ex has caused you to your credit...in the eyes of the bank, you were just as liable for that mortgage as he was. And unfortunately, even showing the creditor or the credit agencies the decree may not change that fact. However, there are ways to repair credit. You may be able to accomplish that without filing yourself. Also, even if your husband receives a discharge of the mortgage through bankruptcy, the debt would still be valid as to you. It will not go away. So your options would be to forfeit the house, to pay it off in some other way, or maybe even to file your own bankruptcy.

I am so sorry that you find yourself in this incredibly complicated situation. You should be able to depend on other people at least following the orders of the court, if nothing else. If you would like to talk further, I am happy to have you in or talk to you by phone for a free consultation. I would help you outline what you wish to accomplish and make a plan of action. You can reach me at 617-859-8966 or by email at [email protected]