Legal Question in Bankruptcy in Arizona

Bankrupcy in Community Property State

Husband and wife recently divorced, wife files for bankruptcy (chptr7) after divorce is final. Divorce decree states they each are responsible for half of the debt incurred during the marriage. If the wife includes the entire debt in her bankruptcy filing, is the ex husband still responsible for the other half? If he is still responsible and/or she only claimed 1/2 the debt, should he make any payments to the creditors before her bankruptcy becomes finalized? Thanks.


Asked on 4/19/98, 3:57 am

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Primary or joint debtor?

It has been my experience that when the court issuing the divorce has no personal jurisdiction over a creditor of the parties of the case, a bankruptcy filing by either of the parties leaves a primary obligor responsible for any debt thereto. e.g., In the case of credit cards, were you a primary obligor or merely a user of the card?

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Answered on 5/05/98, 7:41 am


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