The simple answer is yes, if you're ex wife files for bankruptcy on a debt that you jointly held and she gets discharged the lender can come after you for the money. That being said, if you on the debt most likely, regardless of the filing of bankruptcy by your ex they will still come after you. In situations of divorce where joint debt is considerable, it is always advantageous to the clients to file bankruptcy jointly prior to receiving your divorce. This saves on filing fees legal fees and handles both people within one case.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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 LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Sep 09th, 2014 at 12:28 PM