QUESTION
Can ex spouse sue if she's was listed on the schedule F of my chapter 7 bankruptcy?
Asked on Aug 07th, 2017 on Bankruptcy - Wisconsin
More details to this question:
We filed chapter 7 in 2003 and now she's saying she's going to sue me. Isn't it true that she cannot sue me since she was listed on the schedule F and was informed of the bankruptcy back when it happened? She was noted as a co-debtor.
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Sue you for what? When one codebtor filed bankruptcy, the other codebtor remains liable on the loan; just like they were before.
Answered on Oct 20th, 2017 at 6:58 PM
1 Award
It depends on what the divorce decree ordered you to pay. In a chapter 7, if the divorce decree said you had to pay Visa Card, then you have to pay Visa Card. That is the basic rule. This is a complex part of the bankruptcy code and you should discuss this with an experienced attorney.
Answered on Oct 18th, 2017 at 5:37 PM
Yes. Furthermore, the statute of limitations may apply as well. Good luck!
Answered on Oct 18th, 2017 at 5:37 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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More information needed. Did her claim arise after the bankruptcy was filed? Is it a debt which is not dischargeable because it was for domestic support? Or not dischargeable for some other reason? Has any applicable statute of limitations passed? Retain a lawyer experienced in both divorce and bankruptcy in your locality. It's almost always worth the investment.
Answered on Oct 18th, 2017 at 10:14 AM