QUESTION
How can my daughter make her husband pay his share of the bills?
Asked on Oct 23rd, 2013 on Bankruptcy - Colorado
More details to this question:
My daughter and her husband wrote up a contract splitting the bills when she left him. He has filed bankruptcy and turned around and filed divorce papers and one of the bills he said he would pay her the money until it was paid off was not included in the bankruptcy. Now he is saying that the contract that was written up way ahead of him filing bankruptcy is no good now. He has kept all the appliances that were charged on the credit card he said he would pay. Can we go and pick up the appliances?
9 ANSWERS
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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She needs to hire a Divorce Attorney. I think he is on the hook for the debt.
Answered on Oct 24th, 2013 at 5:54 AM
Bankruptcy does allow people an opportunity to walk away from their debts. Whether the divorce will protect your daughter from the consequences of this bankruptcy will depend on how the judge worded the decision. In any event, unless you want to face legal consequences, do not go and pick up the appliances. An attorney experienced in both bankruptcy and divorce will need to review the exact terms of the divorce to properly advise your daughter about her legal rights.
Answered on Oct 23rd, 2013 at 3:41 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need to handle the division of property through the divorce case.
Answered on Oct 23rd, 2013 at 3:23 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Perhaps your daughter should file bankruptcy. Not much she can do To force him to pay except in the divorce action.
Answered on Oct 23rd, 2013 at 12:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to sort the issues out in the divorce, which should look at all of the circumstances, including his bankruptcy, in its deliberations.
Answered on Oct 23rd, 2013 at 12:10 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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I would seek the advice of a counsel that is experienced in both family law AND bankruptcy. It sounds like husband knows a lot more about the law and has put your daughter in a bad situation. Very common trick where after a separation husband makes a contract then files for bk. I've seen it too many times. There may be time to seek non dischargeability based on breach of spousal fiduciary duties or something like that. The only other recommendation I make is don't try to collect on the money because if you violate the bankruptcy automatic stay the hammer comes down on you.
Answered on Oct 23rd, 2013 at 11:55 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Visit with a divorce attorney that also understands bankruptcy. Marital debt obligations are not discharged in bankruptcy. As long as the divorce decree is written right, she would have the right to sue him or to hold him in contempt of the divorce decree. You are not a secured creditor, so you cannot go pick up the appliances (unless he is willing to give them to you).
Answered on Oct 23rd, 2013 at 11:45 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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Your daughter needs to see a bankruptcy attorney (if she doesn't already have one) and a family law attorney. She has a complex set of issues, starting with the fact that she apparently did not list all of her debts (dividing up the debts did not relieve her of her legal liability for the debts "assigned" to her spouse). This answer was provided as a public service to a question posed on the Law Q & A website. The answer is based on the information provided and is limited to those facts. Furthermore, the answer is based on California law and their application to bankruptcy law in California. Additional information could change the context of the question and materially change the answer.
Answered on Oct 23rd, 2013 at 11:42 AM
Deborah F. Bowinski
Your daughter really needs to speak with a divorce attorney who also knows about bankruptcy law in order to try to protect her interests.
Answered on Oct 23rd, 2013 at 11:25 AM