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how do I receive payment from my ex-husband when is has filed bankruptcy

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fixer20

Junior Member
What is the name of your state (only U.S. law)? Maine

I was divorced in Feb/09. I had to sign over the house which I bought with the funds from the sale of my previous home. I am holding a 50,000. note on the property. He was ordered to pay 500.00 a month beginning in March 09.
He never paid a cent to me. We went to court today for contempt and he was found guilty and ordered once again to pay. The big news is he has filed
bankruptcy. He claims this address as his primary residence eventhough he has rented out the property for a year and a half. My question is does the Maine bankruptcy laws allow him to keep his primary residence and one vehicle and does that relieve him of his court ordered obligation to me. Will I lose out on my property? Do I have the right to foreclose for nonpayment, behind 9 months. I'm praying someone can give me solid direction.

Thank You
fixer20:confused:What is the name of your state (only U.S. law)?
 


M

mistoffolees

Senior Member
Bankruptcy does not relieve him of alimony or child support obligations. However, your situation is a little different and a lot depends on the exact wording of the agreement. You may be a creditor just like his other creditors, so I hope your note includes an interest in the home - which would allow you to repossess it (although if there's a first mortgage, you'll be subsidiary to that).

You really need to take a copy of the agreement to your attorney who can see exactly what it says.
 
LdiJ

LdiJ

Senior Member
mistoffolees said:
Bankruptcy does not relieve him of alimony or child support obligations. However, your situation is a little different and a lot depends on the exact wording of the agreement. You may be a creditor just like his other creditors, so I hope your note includes an interest in the home - which would allow you to repossess it (although if there's a first mortgage, you'll be subsidiary to that).

You really need to take a copy of the agreement to your attorney who can see exactly what it says.
Click to expand...
I agree, you truly need to consult with your attorney. You will be in a stronger position if you have a perfected lien.
 
N

nextwife

Senior Member
fixer20 said:
What is the name of your state (only U.S. law)? Maine

I was divorced in Feb/09. I had to sign over the house which I bought with the funds from the sale of my previous home. I am holding a 50,000. note on the property. He was ordered to pay 500.00 a month beginning in March 09.
He never paid a cent to me. We went to court today for contempt and he was found guilty and ordered once again to pay. The big news is he has filed
bankruptcy. He claims this address as his primary residence eventhough he has rented out the property for a year and a half. My question is does the Maine bankruptcy laws allow him to keep his primary residence and one vehicle and does that relieve him of his court ordered obligation to me. Will I lose out on my property? Do I have the right to foreclose for nonpayment, behind 9 months. I'm praying someone can give me solid direction.

Thank You
fixer20:confused:What is the name of your state (only U.S. law)?
Click to expand...

Do you have a Note securred by a mortgage, or just a note?
 
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