QUESTION
Can my ex husband file bankruptcy on my car if it was part of the dirvorce agreement that he pay it?
Asked on Aug 01st, 2011 on Bankruptcy - Florida
2 ANSWERS
William/J Joanis
If your ex-husband files for bankruptcy, the obligation he took on as part of the divorce is not dischargeable. He is required to list the debt in the bankruptcy, but it doesn't discharge him from having to repay it. (Section 523(a)(15) of the Bankruptcy Code is the applicable law.)
Answered on Aug 10th, 2011 at 7:53 PM
Personal Injury Attorney serving Orlando, FL
Partner at
Benenati Law Firm A Professional Association
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No, if the debt is not in his name he cannot discharge the debt. Furthermore, a court order by a family law judge cannot be overturned by a bankruptcy filing. It will still stand. For example, John has a court order divorce agreement that he needs to pay for his ex-wife's car loan that is in the name of his ex-wife AND himself. John files bankruptcy and discharges the car loan debt as to his own liability. He feels he should not have to pay anymore since he is not driving the car and he filed bankruptcy. He would still have to pay for the car since the debt is still in his ex-wife's name and the court order still exists.
Answered on Aug 10th, 2011 at 5:07 PM