Legal Question in Bankruptcy in Illinois

Divorce and Bankruptcy

After a divorce is final, if one (husband) files bankruptcy and the other(wife) does not....then the other(wife) files on her own at a later date, does this hold the husband(x) accountable for everything that his name is on, even though in the divorce decree, the bills were seperating, stating who will be responsible for what.

-My boyfriend is now divorced. He now needs to file bankrupcy but thinks he can't unless his ex-wife does to or else if she does eventually, then they can hold him accountable for all the bills that still have his name on them, even though they are the ones she is held responsible for them according to the divorce.

PLEASE help me.


Asked on 12/06/02, 8:42 pm

2 Answers from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Divorce and Bankruptcy

Your boyfriend could file bankruptcy without worrying that his wife does not. In bankruptcy you list every debt that you owe whether or not another individual is primarily responsible (even by divorce decree). With the exception of student loans, child support and certain taxes, your boyfriend would be absolved from paying on any debt for which he might owe.

Good Luck and call if you want to speak further.

Read more
Answered on 12/07/02, 12:00 am
Andrew Nichols Law Office of Andrew B. Nichols

Re: Divorce and Bankruptcy

Your boyfriend can file under a chapter 7 or chapter 13 case and list every debt he has. Some debts will be listed as "contigency" or, in other words, debts that are not necessarily his debts now but could become his debts (like if his ex-wife filed on her debts). Please feel free to call me to discuss this in more detail. ph. (800) 303-0720

Read more
Answered on 12/07/02, 10:38 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Illinois