Additional Information:

My divorce agreement states husband must pay back $80,000 I lent him to pay taxes.  Can I still get it now that he has filed bankruptcy Chapter 13? He has not paid me for more than two years. He was supposed to pay me $1700 a month. Now he has filed bankrupcy. Can I get my money?

ANSWER:

The language of your agreement in this case is key. If it was characterized as “support” it would not be a debt that can be discharged in bankruptcy.  If it was characterized as merely a loan then it could possible be discharged. You may want to consider mediation as a way of working this issue out with your husband. Even if the legal answer may not be what either of you may want, mediation is a way for you two to compromise in this situation in terms of what is morally the right thing to do. He may not be able to pay the monthly amount original intended but may be willing to pay less or for a longer time given the financial circumstance. I hope that you two will be able to work this out, especially if you have children involved who may need to access some of this money for college. 

Needham Post Divorce Mediator and Attorney, Tracy Fischer provides post divorce mediation services to divorced couples in Needham and other Boston Metro West area communities including : Dedham, Dover, Needham, Newton, Sherborn, Watertown, Wellesley and Weston.