Can my ex wife file chapter 7 bankruptcy on joint loans? 14 Answers as of May 24, 2011

What happens when my now ex filed chapter seven on joint loans before we started divorce proceedings?

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Benson Law Firm
Benson Law Firm | David Benson
If she receives a discharge of her obligation on the debt, it will apply only to her.
Answer Applies to: Ohio
Replied: 5/24/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
Your ex wife's liability will be discharged as to her legal obligation to pay those debts. You may still be liable.
Answer Applies to: California
Replied: 5/24/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
She can file for bankruptcy, but the discharge will apply to her only. You will still be responsible for any obligations that you both are a part of at this time. It is important to ensure that you have indemnity in your divorce proceedings, and also to consider if filing for bankruptcy is right for you. I provide both of these services, so please contact me for a free consultation if you are looking for an attorney and are in my area.
Answer Applies to: California
Replied: 5/24/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
What happens to whom? If she files bankruptcy and receives a discharge, then she will be discharged from her obligation on the debts. Nothing will happen to you. You will owe whatever you owed before she filed her case.
Answer Applies to: California
Replied: 5/24/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Unfortunately it leaves you holding the bag. There might be something your family law attorney can do about it, but the creditors can come after you. You then would have to go after her.
Answer Applies to: California
Replied: 5/24/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Ex-Wife is now absolved of her liability to pay on the liabilities but you as the joint debtor must pay.
    Answer Applies to: Indiana
    Replied: 5/24/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Joint loans incurred prior to divorce are dischargeable in your ex wife's Chapter 7 bankruptcy. A factor as to the impact of this on you is what your marital settlement agreement or divorce order says about who is responsible for debts incurred during divorce. To understand what this means you should seek the advice of an attorney who specializes in bankruptcy law.
    Answer Applies to: California
    Replied: 5/24/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    She can file, and her discharge may leave you on the hook for them.
    Answer Applies to: California
    Replied: 5/24/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    She becomes discharged form those debts. Depending on the state where you live, the divorce court will take into consideration the marital debts you are now liable for and she is not in making property distributions.
    Answer Applies to: California
    Replied: 5/24/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If you ex files bankruptcy on loans that you are jointly responsible for then the creditors can come to you for full repayment of the loans.
    Answer Applies to: Georgia
    Replied: 5/24/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If your ex filed the Chapter 7 Petition before the divorce was even filed and she received a discharge, your ex is no longer liable for any of those debts. It will depend on your Divorce Decree as to what liability, if any, your ex has to you for those debts.
    Answer Applies to: New Hampshire
    Replied: 5/24/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    With respect to the joint debts that were discharged in her bankruptcy, they now have recourse against you alone. The bankruptcy was determinative with respect to your creditors rights against your former spouse. You will need to look to your divorce decree to determine whether your former spouse has any financial responsibilities to you.
    Answer Applies to: Oregon
    Replied: 5/24/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    The creditors will come looking for you for payment. Your choices are: 1. Pay 2. Try to get the divorce judge to put it back on the wife; 3. File bankruptcy yourself. If there are children, I invite you to think about what would be best for them.
    Answer Applies to: Virginia
    Replied: 5/24/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Yes your ex may file bankruptcy on joint loans. If you have not filed or do not plan to file bankruptcy, then the creditors may come after you to satisfy the debt.
    Answer Applies to: Washington
    Replied: 5/24/2011
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