My wife and I borrowed $100,000 from her father in 1998 for a business. the business failed and in 2000 we filed chapter 7. When I asked about adding her father to the Chapter 7 she said that she had worked it out and for me not to worry about the loan. 11 years later we are going through a divorce and her father then files suit against me for the full amount plus $40000 in interest. They had never contacted me directly about this loan and apparently my wife had made small payments for the past 11 years towards it. After the divorce my ex-wife filed a chapter 7 to avoid paying her part of the debt she was ordered to pay and included him in her Chapter 7. Can they come after me or has the statute of limitations ran out. I never made one payment towards this loan ever and I was under the assumption that he had given her the money.
Answered on: 6/09/13, 10:35 am by Anthony Smith
There are variables that you were not able to resolve with the few facts you were able to provide here. Your ex filing bankruptcy, might not have shielded Ooo her from her dents to you. You might be able to bring her into the case with her father, to abrogate half your debt to him. The sorbet handling your divorce should be told about this claim from her father, as it could convince the divorce Court to give you more of the marital property, and her more of the marital debt.
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