QUESTION

Does my divorce decree protect me from creditors if my ex files for bankruptcy? What are my legal options?

Asked on Jun 15th, 2012 on Bankruptcy - Indiana
More details to this question:
My credit score went from a 785 to a 605 and now it is really affecting me in a bad way. What can I do to clear my name? Anything? Do I have any rights here? I do understand that after her 5 years of the trustee paying her debts, they can then come after me. The question i have, the debt she racked up was AFTER the divorce was final and she paid them off with the money I gave her in the divorce.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Debt and divorce have nothing to do with each other, that gets you are referring to are in no way affected by a divorce decree. If your ex racked up bills on accounts that were still in both your name after the divorce was finalized but before the accounts were closed, the divorce decree does not in any way protect your credit history or protect you from creditors. You could go back to divorce court and file a contempt action against your acts, but this still will have no effect on the creditors that you owe money to. Basically you need to deal with the debt and at the same time go back to divorce court and have the judge force your acts to pay for the bills she incurred after the divorce was final. If your wife files bankruptcy then she will be discharged from the debts in question, but you will not be protected under her bankruptcy. Although since the bills were made fraudulently under your name, as the divorce was final and then the bills were made, then you could contest to them at her bankruptcy hearing in state that she should still owe them, but Vista still not absolve you of the debt. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook Manta  
Answered on Jun 15th, 2012 at 2:31 PM

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