Legal Question in Bankruptcy in Nebraska

Can my ex name me as a creditor in a bankruptcy? We have a joint 50/50

but he is suppose to pay half of the medical expenses, school expenses,health insurance etc. He first had applied for Chapter 13 which was dismissed He then reapplied for Chapter 13 and now is requesting it be changed to a Chapter 7.

Asked on 1/29/13, 10:03 am

1 Answer from Attorneys

Matt Jenkins DeMars, Gordon, Olson, Zalewski and Wynner

He can name you as a creditor, BUT he cannot discharge debts owed to you in which you are jointly liable and he has been court-ordered to pay pursuant to the divorce decree.

For example, let's say you are both on the hook for a medical debt. The court has ordered you both to pay it 50/50. He files bankruptcy. Then the creditor cannot come after him anymore, but they can come after you for the full amount (creditors don't care what your divorce decree says). If you pay it in full, then he still owes his 50%, but rather than have him pay the creditor, he now owes that portion directly to you.

You should consult a bankruptcy attorney to see what steps you should take to insure that your interest is protected.

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Answered on 1/29/13, 11:40 am

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