Legal Question in Bankruptcy in Virginia

Filing Rules

My spouse and I have been separated for 5 years and I found out she filed Chapter 7 and now a bunch of her creditors are coming to me. Can she do this without notifying me on any joint debt? Am I liable for any individual debt of hers? How can I find out what specific information she filed?


Asked on 7/06/99, 2:36 pm

2 Answers from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Filing Rules

Spouse is not required to notify you of bankruptcy filing unless you are one of her creditors. You are usually not liable for her individual debts unless you contracted to pay them. Bankruptcy Court records are open to the public. (Let me know if you need help.)

Read more
Answered on 7/09/99, 3:45 pm
Daniel Press Chung & Press, P.C.

Re: Filing Rules

You should have been scheduled as a co-debtor on the joint debts. You are liable on debts that you co-signed for, and the creditors can come after you for these, but not her separate debts. If your property settlement or divorce decree required her to pay these debts, you can seek an exception to discharge and keep her on the hook for them (or to indemnify or reimburse you for what you paid). To do so, you must act quickly, as the deadline for filing for such relief is 60 days after the initial meeting of creditors.

Read more
Answered on 7/09/99, 6:02 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Virginia