QUESTION
What can I do if in the divorce, it specifically states that I was to be held harmless from a debt my ex-husband occurred then he filed bankruptcy?
Asked on Nov 30th, 2016 on Bankruptcy - Kentucky
10 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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This is an excellent question because it's an all too common problem.
Answered on Jan 25th, 2017 at 6:04 AM
File a motion with the court to have the debt revitalized. He still owes you whatever the creditor tries to collect from you.
Answered on Jan 24th, 2017 at 4:15 PM
Meet with a lawyer so he or she can review your divorce file. You will have to pay for one or two hours of the attorney's time. Do not be penny wise and pound foolish.
Answered on Jan 24th, 2017 at 4:14 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Bankruptcy discharges your ex from certain types of debt. Usually this includes credit cards and similar debts but not child support or alimony. You should have a bankruptcy attorney read the divorce decree and advise you.
Answered on Jan 24th, 2017 at 4:14 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If any of the creditors come after you, you have a basis to go to court to have the court order him to pay.
Answered on Jan 24th, 2017 at 4:13 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Motion to Enforce the Final Judgment with the divorce judge.
Answered on Jan 24th, 2017 at 8:32 AM
Sure would help if you had specified whether he filed Chapter 7 or Chapter 13. With Chapter 13, there is little or nothing you can do.
Answered on Jan 23rd, 2017 at 10:32 PM
Find an attorney who can file a claim or an objection in your ex-husband's bankruptcy case. You can assert that the debt he owes to you is not dischargeable.
Answered on Jan 23rd, 2017 at 10:32 PM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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If the debt was a joint debt, i.e. you signed the note or were a joint debtor, you remain liable for the debt. The domestic relations court's order relates to the parties to the divorce. You may have a contempt action against your ex-husband, however that order does not reach to the creditor who is owed the money. He has discharged the debt in the bankruptcy and now the creditor is looking to you. Your recourse is against your ex-husband. The creditor is within its rights to come after you IF you were a signer or co-borrower at the time the debt was incurred.
Answered on Jan 23rd, 2017 at 6:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It means that he has to pay the debt. a debt of that sort is not dischargeable in bankruptcy. But neither he nor his lawyer may know it. It would be a good idea to consult your divorce lawyer or some other lawyer well informed about bankruptcy to see if you need to start an adversary proceeding in the bankruptcy court. But one way or the other, that debt will probably stick with him.
Answered on Jan 23rd, 2017 at 6:34 PM