Can the bank come after spouse of divorced party who filed for bankruptcy? 22 Answers as of September 08, 2014

We divorced 3 years ago. Spouse filed for bankruptcy afterwards. The spouse's vehicle was reposed. Now the bank wants me to pay for loan.

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
Spouses may be liable for "necessities of life" incurred during the marriage. However, regarding bank notes, you should not be liable to the bank, unless you signed the loan as a co-signer.
Answer Applies to: Nebraska
Replied: 9/8/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you consigned the loan, yes they can come after you.
Answer Applies to: California
Replied: 9/8/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
If you cosigned with your ex-spouse, then you could be responsible for the debt. If the divorce decree required your ex to pay that particular debt, you may have an option to hold the ex in contempt of the divorce court order. Wish you luck.
Answer Applies to: Georgia
Replied: 9/4/2014
Law Office of Marlin Branstetter
Law Office of Marlin Branstetter | Marlin Branstetter
If you signed for the loan you could be held responsible. Your ex-husband's bankruptcy only protects him.
Answer Applies to: California
Replied: 9/4/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Assuming that you were a joint debtor on the vehicle then the bank can do that assuming that there was a sale of the vehicle for less than the balance on the loan. The bank will expect the difference to be paid.
Answer Applies to: Minnesota
Replied: 9/4/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If the debt was incurred while married it was a community debt. Since there was a termination of marriage, your portion of the community doesn't get the benefit of the Phantom Discharge and you are on the hook.
    Answer Applies to: California
    Replied: 9/4/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If your name was on the loan, what your divorce decree says does not bind the creditor and it can sue you to collect on a debt you co-signed.
    Answer Applies to: Nevada
    Replied: 9/4/2014
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    It depends. In Colorado, your debts are yours and yours alone. There is no such thing as a marital debt, where both parties are liable for repayment of a debt, unless you are a cosigner to the loan. If you area cosigner, then the creditor is within its rights to seek repayment from you. The only way to deal with this development is to file bankruptcy yourself.
    Answer Applies to: Colorado
    Replied: 9/4/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, if you were both on the loan. You need to pick your spouse more carefully. Good luck!
    Answer Applies to: Colorado
    Replied: 9/4/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    If you were on the vehicle loan as a co-debtor, then the contractual language would typically be that you and your ex spouse would be jointly and individually responsible for the full amount of the debt. If the debt was discharged in her bankruptcy, then any deficiency balance would be your responsibility. You may want to look at the vehicle purchase agreement and the original loan documents.
    Answer Applies to: California
    Replied: 9/4/2014
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    If you are a co-signor on the bank loan, then you are legally responsible for the debt once your ex-spouse or spouse filed bankruptcy and listed the loan in his or her bankruptcy.
    Answer Applies to: Florida
    Replied: 9/4/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Yes they can.
    Answer Applies to: California
    Replied: 9/4/2014
    Barnes Law Firm, LLC | Aunna Peoples
    If you were a co-signer on the loan than you are still obligated for the debt. You may have recourse through your divorce case if the dissolution decree required that he pay this debt. You will need to speak to an attorney to review the divorce case and your ex-spouse's bankruptcy case.
    Answer Applies to: Missouri
    Replied: 9/4/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you co signed the loan then yes they can come after you for payment
    Answer Applies to: New York
    Replied: 9/4/2014
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If you co-signed for the loan then the bank can come after you for the entire portion of the debt.
    Answer Applies to: Georgia
    Replied: 9/4/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If your name was on the loan, you are responsible if your ex went bankrupt on it. Sorry!
    Answer Applies to: Michigan
    Replied: 9/4/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    As unfair as it seems, if you co-signed the car loan you are still responsible for it, regardless of your divorce. Your only protection is to file bankruptcy as well. If you did not co-sign, then it would be a question of state law whether you could be held responsible for the debt while you were married. This varies by state.
    Answer Applies to: Oregon
    Replied: 9/4/2014
    Idaho Bankruptcy Law | Paul Ross
    Yes, community debts belong to both spouses, whether their name is on the debt or not. The divorce decree language may give you an out, but you are likely on the hook for the debt, at least in Idaho.
    Answer Applies to: Idaho
    Replied: 9/4/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Divorce decree does not remove ones obligation to pay owed the creditor. However, the spouses obligation to the other spouse to pay the debt and hold him or her harmless is not dischargeable in a chapter 7. It is in a chapter 13.
    Answer Applies to: Nevada
    Replied: 9/4/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you were on the loan, they are within their rights. You may have a right to seek to collect your loss from your ex. See an attorney.
    Answer Applies to: Michigan
    Replied: 9/4/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Did you co-sign on the loan? If you co-signed you're going to be liable to the bank regardless of the divorce and the bankruptcy - although it's possible that you may be able to go after your ex, depending on the wording of the divorce decree.
    Answer Applies to: Ohio
    Replied: 9/4/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    Yes if you co-signed on the loan.
    Answer Applies to: Virginia
    Replied: 9/4/2014
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