QUESTION

Do I really need to pay the debt of my ex-husband? Or what are my legal actions that I can do?

Asked on Jul 01st, 2013 on Bankruptcy - Louisiana
More details to this question:
I am a Louisiana resident. I divorced my ex-husband in 2007. The property settlement took 3 years (2006) to settle because the ex-husband/his attorney kept stalling the proceedings. The property settlement was the a second mortgage we took out of my home, (my home before he came along) so he could buy a 1998 Chevy truck, 2 ATV , lawn mower, utility trailer and a shed on my credit because he had bad credit. He took everything except the shed & the lawn mower. When it was settled, the ex-husband was told by the court to pay half of the debt, $14,000. I proved to the court I had paid my half, $14,000. I carried the court papers to Chase Bank and the Loan manager said she would take care of it, we never heard anymore from the bank. After court he then filed bankruptcy, Chapter 7, in June 2010 and never had to pay this debt. I checked with my bankruptcy attorney to make sure, and they pulled up his bankruptcy and it showed he did put that debt on his bankruptcy, so we didn’t worry about it. We never received anything from Chase, or anyone. Then just recently we received a letter from company which bought loans from chase sent up a letter saying we was delinquent and owed the loan. Me & my new husband had to file Chapter13 in February 2010 due to his medical bills. This debt was not put on our bankruptcy because our divorce/property attorney advised us to wait for the property settle to see the results. The creditor is now trying to make me pay his half. Our Bankruptcy attorney said that Louisiana Bankruptcy Court does not recognize court property settlements. He has been discharged of this debt and they are trying to make me pay his half. They have sent us another letter saying we owe this debt. Our Bankruptcy will be after March 2014. I do not have the money to pay his half, or money to fight it. We only owe about 6 years on our home and can't lose our house over it. Plus it is emotionally exhausting for me & my husband. He has had 10 major surgeries in the hospital.
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1 ANSWER

Domestic Relations Attorney serving Covington, LA at Rivers, Nelson
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I don't understand the 4th sentence of the detail. Your divorce attorney should not have given you bankruptcy advice, and that advice is questionable. Your bankruptcy attorney should have told you to list all potential debts, including this one. I believe you may have misunderstood your bankruptcy attorney about bankruptcy court not recognizing property settlements. That is not the law. If your ex agreed in the property partition to pay this debt, he is bound to pay it, despite his bankruptcy, or reimburse you if you pay it. Check again with your bankruptcy attorney for clarification.
Answered on Jul 08th, 2013 at 3:14 PM

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