More details to this question:
The debts were under my soon-to-be -ex-husband but were incurred while we were still together. To save my home, which is under my name alone, I filed for Chapter 13 but listed all debts including those of my STB-ex-husband because of financial hardship. My chapter 13 was moved to chapter 7. It was discharged early 2012. Last week, my STB ex-husband had garnishment judgement from one of the creditors that was listed on my BK case. My Bankruptcy lawyer did not explain this to me. The garnishment will hurt our kids financially as they get financial support from their father. Please advise. Thank you very much.
10 ANSWERS
Daniel James Wilson
Your lawyer did nothing wrong. Your BK does not discharge his debts. That's why I always ask if there are any co-debtors at client intake. Perhaps your husband will consider filing his own BK. (If he is getting garnished he very well might do so.)
Answered on Jan 24th, 2013 at 12:16 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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If your husband did not receive a discharge in bankruptcy, then the creditors will be able to try to collect the debt from him. He may need to file like you did.
Answered on Jan 23rd, 2013 at 2:22 PM
Your spouse did not file bankruptcy with you, so his obligation to pay his debts was not discharged. I am sure your bankruptcy lawyer asked you why you wanted to file bankruptcy without your spouse, and once you gave him your answer, he had no obligation to explain to your the risk your husband was taking because your husband chose not to be his/her client. I appreciate you are looking for someone to blame for this but the only person who is responsible is your husband.
Answered on Jan 23rd, 2013 at 2:21 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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What was to be explained? It was not the attorney's responsibility to advise you on the speculative consequences of the inaccuracies of a credit report? You should be more realistic not everything that happens is your lawyers fault.
Answered on Jan 23rd, 2013 at 2:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I doubt it, you were discharged, not your husband. Therefore his creditors can still attack him, but not you.
Answered on Jan 23rd, 2013 at 2:21 PM
2 Awards
Your STB ex still has liability to pay debts. Your Child support will be set by statute when you divorce and takes priority over his garnishment. Make sure to get a wage withholding order in your decree.
Answered on Jan 23rd, 2013 at 2:20 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If he did not file, then the debt is still valid against him and the garnishment is proper.
Answered on Jan 23rd, 2013 at 2:19 PM
Deborah F. Bowinski
Who is it that you want to sue? If there is a joint debt and only one of the borrowers files for bankruptcy the lender remains free to pursue the other borrower for payment. Are you implying that if your attorney had informed you of this that you would not have filed for bankruptcy in the first place? That doesn't make much sense. If your soon-to-be ex is struggling with debts he might consider filing his own bankruptcy case as well that would stop the garnishment.
Answered on Jan 23rd, 2013 at 2:19 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If the debts were your STB husband's and he did not file with you, they did not discharge the debts from your STB husband's record. If your attorney told you otherwise, then malpractice might have occurred, but you need to be clear that he told you that your filing would wipe out your STB husband's debts, which is never the case. Your STB husband may need to consider speaking to an attorney to file a Chapter 7 for himself.
Answered on Jan 23rd, 2013 at 2:18 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Since the debt has been discharged as to you, the bank has to go after him. If he files bankruptcy it can be discharged as to him as well.
Answered on Jan 23rd, 2013 at 2:18 PM