Legal Question in Credit and Debt Law in Michigan

my ex wife filed chapter & bankruptcy and we have a judgement against us,she said it "went away" for her when she filed. Am I still liable for this and if I am how did she get her name off this without me signing or agreeing to anything?

Asked on 6/16/11, 11:07 am

1 Answer from Attorneys

Eric Nelson Chapterhouse P.L.L.C.

The most likely circumstance is that you and your ex-wife were jointly and severably liable for the judgment against you. If this is the case, her liability under the judgment could be discharged in a Chapter7 filing. If so, she will have documentation showing her discharge. Continuing with the hypothetical, if her liability were discharged you would remain liable for the entire amount of the judgment.

In the rare circumstance that the judgment was apportioned by shares, she would only be able to discharge her portion. Again, that type of judgment is less likely.

You should hire an attorney. The choice of bankruptcy may be open to you as well.

Eric J Nelson


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Answered on 6/16/11, 2:23 pm

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