What are my rights to keep debt from my ex spouse from being discharged?

Unless the debts are owed to you and are in the nature of child support or alimony you will not be able to prevent discharge of the debts.

A creditor can file an action to have its debt determined to be non-dischargeable. In order for you to raise that action, you would need to payoff the debt, so you were subrogated to the rights of the lender. Then you would have to show that this debt fits into one of the specific exemptions to discharge of a debt. Untrue pleadings in general won't affect dischargeability of a specific debt. However, as a party in interest you could file a motion that the whole bankruptcy be dismissed for lack of good faith if the pleadings are false. This doesn't attack the dischargability of the specific debt but would prevent her from discharging any of her debt. Finally, if you stood in the shoes of a creditor, you could file an objection to discharge. This action, if successful, would not stop the bankruptcy but prevent her from getting a discharge. All of these require seasoned bankruptcy counsel and can get quite expensive to pursue.

You can contact the case trustee, the United States Trustee or simply send a letter to the court with your concerns about inaccuracies on her papers. The United States Trustee's website even has a link to report potential bankruptcy crimes. Your allegations can get the ex in serious trouble so be sure your motives are based on a desire for justice NOT for revenge. If you are concerned that debts your ex was ordered to pay in your divorce will be discharged in the bankruptcy, you may be right. However, you still have the option of asking the divorce court to enforce your divorce decree. You may also want to seek advice for your own situation if your joint debts are discharged. You will still be responsible for any debts you co-signed for regardless of the wording in your divorce decree or any verbal arrangement you had with your ex.

There are several options. First, you should write a letter to the trustee and specifically point out the inaccuracies. Secondly, you should send this letter to the Office of the U.S. trustee, which is part of the office of the department of justice. You can consult an attorney as to whether you should file an adversary proceeding to determine dischargeability of the debt.

Your ex spouse can correct any errors in her bankruptcy papers at any time during her case. If you have documentation and evidence that she is hiding assets, then you can provide that documentation to the trustee assigned to administer her estate. Otherwise, there is not much you can do and her liability on those debts in which you are a co-debtor will be discharged. This will leave you liable for that debt.

Your rights as a co-debtor with an ex-spouse depend mostly on the divorce decree. If she was required to pay the debts by your decree, they will likely be non-dischargeable.