My ex-wife is filing bankruptcy. To challenge this, do I need a divorce lawyer or a bankruptcy lawyer?
My ex-wife just told me that she is filing chapter 13. From the research I’ve done online, it looks like I have to prepare for the debt that she was assigned in the divorce decree to come back to me. Q1) Is this how it works? Q2) What kind of lawyer do I need to hire to challenge this? Q3) What are my rights and obligations? It’s hard to find information about bankruptcy if you’re on the receiving end. Where can I get more information???
7 Responses
Morgan R
07 Feb 2010
kiku
07 Feb 2010
She has a good lawyer, and I’m afraid you are responsible for her debts while you are still married.
Silly Billy!
You need legal advise to contain the risk. And good legal advise at that.
sharrona
07 Feb 2010
You are divorced correct? The bankruptcy has NOTHING to do with you, only what your ex owes………what is in her name……….that’s it………..
Seek out a free consultation with a Bankruptcy Attorney to confirm what I just said, or just call them and ask the secretary…………..it has nothing to do with you or your assets…..UNLESS you are still married??????
lzxyrg
07 Feb 2010
If she is the ex-wife, and you DO NOT live in a commonwealth state, then the debts are hers alone to resolve, PROVIDED they are in HER NAME ONLY. If the debts occurred WITHIN the marriage AND you’re in a commonwealth state, then you CAN be held liable for 50% of the outstanding debt, but this also depends on state law as well. In the state of SC (where I reside), it is illegal to go after a NON-DEBTOR spouse without said spouse’s EXPRESSED WRITTEN CONSENT. New York City, Baltimore, Louisiana, and Texas have similar laws, and in West Virginia you can actually collect from anyone over the age of 18 that resides within the same household, PROVIDED they are related by either BLOOD (including adoption/foster care) or MARRIAGE.
EDIT: Don’t know who the hell gave me thumbs down, but if you want me to e-mail you the 300 page law book for the course I just took on collection laws, I’d be happy too…
my avatar is hot
07 Feb 2010
I’d suggest you contact a bankruptcy attorney in the state you live in and ask for a quick consultation to see where you stand. Normally a divorce would seperate any future actions but some states are a little different. He or she could tell you quicker than anyone on here. 
ps- She has a right to file it, you can’t challenge her filing bankruptcy, all you can do is protect your own assets, or suffer the consequences of debt you both incurred while married, according to the laws of the state you reside in.
goz1111
07 Feb 2010
As posted above you need a BK lawyer right away, while those debits where assigned to your ex by the family court, the family court did not have the jurisdiction to release you from your original legal liability only to assign responsibility,
You might consult a bankruptcy attorney, but if the debt is discharged, the creditor can come after you. The poster was correct, in that the divorce agreement assigned responsibility to the debts, the decree does not relieve you of the debt you incurred during your marriage. Another tactic that you might have, depending on your jurisdiction, is a motion to modify your divorce agreement, since there has been/ will be a change in circumstances, perhaps based on fundamental fairness the court may allow you to offset this new burden in some form. Since the new Bankruptcy code, the rules are confusing to even attorneys that formerly practiced in this area, in fact, many attorneys now longer practice in this area due to the attorney now being responsible if their client hides assets or does not provide accurate information on the schedules.