However, you should know that when filing a Chapter 7 or 13 bankruptcy petition, an automatic stay provided by Bankruptcy Code section 362(a) immediately goes into effect which prohibits all creditors’ attempts to pursue collection of a claim against the debtor or against property of the debtor’s bankruptcy estate unless excepted.
Section 362(b) of the Code provides for certain exceptions, including many family law matters and domestic support obligations. On the other hand, some family law obligations may also be considered priority claims under Section 507(a)(1) of the Bankruptcy Code, entitled to a priority in payment in bankruptcy, specifically, Bankruptcy Code Section 362(b)(2)(A)(ii) provides:
The automatic stay created by a bankruptcy filing bars the commencement or continuation of most legal proceedings, but it has no effect on a proceeding for the establishment or modification of an order for a Domestic Support Obligation such as child support.
In other words, the Bankruptcy code allows a modification of the child support order; however this still leaves a question of whether the terms under the divorce agreement in also covered by this. Typically, if you filed and received a discharge in a Chapter 13 case, you may be able to discharge property settlement obligations. It is likely that an agreement to pay for college would be in the nature of support, rather than property settlement, so the likely answer to your question is “No.” However, only a court of competent jurisdiction allow you to modify your obligation under the Divorce Agreement.
