QUESTION
In filing my Chapter 7 bankruptcy, must I declare my ex-husband on Schedule "H" if there was a divorce property settlement agreed to by the court?
Asked on Nov 12th, 2011 on Bankruptcy - Kentucky
More details to this question:
I am a resident of Kentucky filing for Chapter 7 bankruptcy in a non-community property state; however, my ex-husband and I resided in Wisconsin, a community property state, for 10 months. Schedule "H" instructions require one to list any former spouse in the past 8 years with which you resided in a community property state. In our final divorce and property settlement, we agreed to dividing all property by current possession (I was a victim of domestic violence and left, for my safety, with minimal possessions .) All credit cards, utilities, and leases were solely in my name, but he took and used my credit cards without my knowledge nor permission and maxed them out (thus, the reason I am filing for bankruptcy.) Since his name was never on my accounts, do I still list the debts I incurred from them on Schedule "H" with his name?
I sincerely appreciate your assistance!
1 ANSWER
Personal Injury Attorney serving Fall River, MA
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The Schedule H in a chapter 7 bankruptcy filing is for code debtors and for spouses living within a community property state in the past eight years. This would mean that you should list your ex-husband under the debt associated with your home mortgage in Kentucky. You cannot list your ex-husband for any debts that he was not a cosigner or codebtor on, simply because he spent the money, if his name is not on the account he is not technically a codebtor. In a chapter 7 bankruptcy filing codebtor's and cosigners are people who have their name listed on the account as liable for the debt and does not have anything to do with who actually spends the money.
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
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Answered on Feb 08th, 2012 at 1:52 PM