QUESTION

asset/creditors

Asked on Aug 31st, 2011 on Family Law - Indiana
More details to this question:
my ex and i divorced 6 years ago. in the divorce papers i was to refinance house within 18 months. I was unable to do so. I offered him the house, listed house trying to sell it for over a year, and finally filed bankruptcy on house and now the creditor of the house is going after my ex in turn he is now suing me? is this possible what do I do? I thought bankruptcy laws protected me?
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1 ANSWER

William/J Joanis
When you got divorced, both your spouse and you owed the money on the mortgage note.  You did not refinance, so you both still owed the money.  In the divorce, I assume you agreed to pay the mortgage note, and that you would hold your former spouse "harmless" for the debt.  Your assuming the debt in the divorce had nothing to do with your obligations to the holder of the mortgage note.  The holder of the mortgage note was not a party to your divorce.  When you filed for bankruptcy, you were discharged from your personal obligation to repay most of your debts.  The debts did not go away.  You just were discharged from your having to pay them.  The holder of the mortgage note still has a mortgage on the house and a claim against your former spouse on the mortgage note.  Because you were discharged on the note, the holder of the note can only go against the house and your ex for repayment.  When you got your bankruptcy discharge, you were not discharged from the obligations to your former spouse in the divorce.  Section 523(a)(15) of the bankruptcy code says that the discharge doesn't discharge you from obligations that you assumed as part of the divorce. It states that a person filing for bankruptcy is not discharged from an obligation "to a spouse, former spouse, or child of the debtor...incurred by the debtor in the course of a divorce..."  I hope this explains your question.  
Answered on Sep 04th, 2011 at 8:44 PM

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