My husbands ex wife was responsible to take care of a credit card debt of $2500 in the divorce decree and didnt, so the credit card company came after him. He paid it and now we are in the process of suing her for that amount through small claims court. When she got served the papers she then filed bankruptcy and says she doesn't have to pay it. We haven't yet recieved notification yet of her doing so and there is 6 more days left for her to respond to our lawsuit against her. My question is how can we make her responsible for this debt and not let her get away with not payin?
1 Answer from Attorneys
First, as soon as she files bankruptcy, you need to stop your case against her in small claims court. Otherwise, you will be guilty of violating the automatic bankruptcy stay and could be assessed penalties by the bankruptcy court. It doesn't mean your case is dismissed. It just means it is on hold until the bankruptcy is over. You may want to file a "notice of bankruptcy" with the court and include her bankruptcy case number.
If she filed a Chapter 7 bankruptcy, her obligations to your husband are non-dischargeable if they were in the divorce decree. This means that once she gets her discharge, you can then continue your action. If she filed a Chapter 13, then that may relieve her of any obligations to your husband if she makes all plan payments.
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