Legal Question in Bankruptcy in Arizona

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?

Asked on 3/26/13, 12:20 pm

2 Answers from Attorneys

Scott Hyder Law Office of Scott W. Hyder, PLC

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.

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Answered on 3/26/13, 12:35 pm

Frank Waters Frank T. Waters, Attorney at Law, PLLC

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.

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Answered on 3/26/13, 4:36 pm

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