To settle community property with my ex-, am I responsible to pay for half of Ch. 13 bankruptcy that's in his name only?

If you didn't file Chapter 13, it isn't your responsibility to pay for the chapter 13 payments. You really do need to make an effort to find an attorney that understands bankruptcy to advise you because you have numerous issues that are time sensitive that you need to address right now, including the issues of your back child support and medical claim.

You really need to talk to a competent chapter 13 attorney. Make sure it is someone who practices in your state. You might check out the attorneys at www.NACBA.org.

Please consult an experienced BK attorney. I don't practice in a community property state, so I am not familiar with those issues. But your ex's BK is his not yours. You cannot be forced to participate. However, if you are a joint debtor with your ex the creditors can come after you. You should consider filing BK.

You are not responsible for debts in your ex husband's name only. Michigan is not a community property state.

If both of you are responsible for community property debts, but your ex- husband is the only one to file for protection, creditors may come looking to you for payment. The back child support and medical are separate issues to be taken up with your ex.

Question: To settle community property with my ex-, am I responsible to pay for half of Ch. 13 bankruptcy that's in his name only? Question Detail: About to go to court in a week and no lawyer I have spoken to knows about bankruptcy. I need good guidance and quickly. My ex did bankruptcy in his name only on a lot of debt we both incurred. I won't mind paying half of it but he owes me back child support and medical on our kids. I read that I am responsible for the debt if he quits paying on his Chapter 13 note. *- I do not practice in a community property state and therefore can give no advice regarding that; however, you should be sure that you file a claim and/or appear at his MEETING OF CREDITORS to be sure he has listed the child support on Schedule E (unsecured priority creditors). Also, secured debt (like a mortgage or purchase-money car loan), isn't discharged in bankruptcy. If the intent is to surrender the property (which must be clearly stated on the DEBTORS STATEMENT OF INTENTION) to the secured creditor, then any deficiency can be discharged. However, if he keeps title to the property and the property is otherwise exempt, then you would both be responsible for the secured debt. Regardless, if he defaults, you are still liable for the entire amount.*