QUESTION

If I filed for divorce soon after my ex-husband filed for bankruptcy, am I protected from the creditors?

Asked on Apr 23rd, 2015 on Bankruptcy - Michigan
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If I filed for divorce soon after my ex-husband filed for bankruptcy, am I protected from the creditors?
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14 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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That would be a no.
Answered on Aug 31st, 2015 at 8:11 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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No. The debts were incurred during the marriage and both of you are responsible for them.
Answered on Apr 30th, 2015 at 3:08 PM

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Maybe yes, and maybe no. Pay an experienced BK attorney for an hour of their time to explain everything to you. They will review your husband's BK filing from the computer in their office.
Answered on Apr 29th, 2015 at 12:40 PM

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Deborah F. Bowinski
If there are debts that were in joint name then the creditors will very likely come after you for payment. If the debts were in his name only then the creditors should leave you alone.
Answered on Apr 29th, 2015 at 8:30 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Not if you personally guaranteed, or incurred, any of the debt.. A divorce action does nothing to stop your creditors from pursuing their rights.
Answered on Apr 28th, 2015 at 9:45 AM

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Real Estate Attorney serving Florence, KY at Linda S. Novakov & Associates, PLLC
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If your name is on the debt as a responsible party, then the answer is no. He can discharge the debt and not be held responsible. If you are not a responsible party/borrower, then you will not be held liable for his debt. Divorce has nothing to do with the legal obligation to pay money to creditors to whom you have applied for credit in your name or as a joint debtor.
Answered on Apr 27th, 2015 at 9:20 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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NO, The divorce will not protect you from creditors. You need to consult with an attorney immediately; otherwise, you may end up solely responsible for much of the debt.
Answered on Apr 27th, 2015 at 9:19 AM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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His bankruptcy whenever he filed it does not protect you from the same debts if you also signed them. His bankruptcy does not wipe out your responsibility for the same debt.
Answered on Apr 27th, 2015 at 7:34 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Not for your own debts.
Answered on Apr 27th, 2015 at 7:31 AM

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It depends on the chapter under which he filed. In Chapter 13, there is a co-debtor stay, which remains in effect if the debtor submits and the court confirms a Plan which provides for 100% payment to the creditors who have a claim on the co-debtor. This is not often feasible. A debt which could be assigned to the bankruptcy debtor, or which is assigned to him by the divorce court, is generally not discharged in the bankruptcy under Chapter 7. Some lawyers think it is discharged in Ch. 13; others disagree. Good Luck.
Answered on Apr 27th, 2015 at 7:12 AM

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The best person to answer your question would be an attorney who specializes in Bankruptcy matters. Good luck.
Answered on Apr 24th, 2015 at 6:25 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Divorce doesn't protect you from a spouse's creditors. If you were jointly liable on the debt before the divorce, you'll still be liable on the debt. If you weren't liable on the debt, divorce probably won't make you liable.
Answered on Apr 24th, 2015 at 1:47 AM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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If for example you have joint credit cards, in other words you are each co-debtors on the particular account, then as far as the creditor is concerned each of you is 100% responsible. Except if he got a discharge, now it is all on you. You are not protected unless you get a discharge in BK as well as to those particular joint accounts. There may also be other types of joint debt: income taxes, medical bills for children (as both parents are responsible), etc. If you are talking about separate credit cards or credit cards where you were an "authorized user" only, then you're not responsible for paying those accounts as far as the creditor is concerned. Sometimes in a divorce proceeding, the divorce order will say that one spouse must pay certain debts. If ex-husband debts were discharged, then there is nothing to pay. If there are joint accounts, as listed in the first paragraph, then you may (this just depends on other facts) be able to get a divorce order stating that ex-spouse must pay that debt or some portion of that debt, even if it has been discharged in his BK. Divorce, usually means increased living expenses since you're splitting up households and doubling some expenses so it's not uncommon for individuals to file BK before or after a divorce. I've handled it both ways, with some couples deciding to file together (2 for 1) prior to obtaining a divorce just to wipe off the slate so that they can use their income resources on more important things, like taking care of each other and/or their kids, rather than old credit card bills.
Answered on Apr 24th, 2015 at 12:53 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You still owe all joint and individual creditors, his automatic stay does not apply to you. Engage an attorney.
Answered on Apr 23rd, 2015 at 9:09 PM

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