My ex wife (3years ex) has filed chapter 7 BR. All the debt listed was incurred durng our marriage. Can i now be held liable for any of that debt?
2 Answers from Attorneys
Yes, unfortunately. However, if your divorce decree required her to pay certain creditors, and such creditors now sue you because they can't sue her anymore (due to her bankruptcy), then you could sue your wife under the divorce decree. Her promises in the divorce decree regarding her payment to pay certain debts are not discharged in the bankruptcy. Bottom line is that you can still pull her in to any lawsuits from any creditors that she agreed to take care of as part of the divorce decree.
I agree wholeheartedly with the above statement. I remember reading there is caselaw that if she is required to "indemnify and/or hold harmless" from any specific debts that those debts have been held non-dischargeable in certain circumstances. But, you are responsible for any of the debt incurred during the marriage and if the creditors go after you your only alternatives are to pay them or try to enforce the divorce decree.
Related Questions & Answers
How do I stop paying for my motorhome without ruining my credit? Asked 3/16/13, 7:49 pm in United States Arizona Bankruptcy Law
When filing for Bankruptcy does a lawyer have to be paid in full before any and all... Asked 11/08/12, 6:38 pm in United States Arizona Bankruptcy Law
If I owe on a credit card and it has been turned over to a collection service and... Asked 11/01/12, 3:22 pm in United States Arizona Bankruptcy Law
Can I file a Chapter 7 if it has been over 8 years ago? Would I lose my vehicle if... Asked 10/24/12, 10:48 am in United States Arizona Bankruptcy Law