Can a person with a discharged chapter 7 bankruptcy be sued? 12 Answers as of August 27, 2015

My husband's ex-wife filed Chapter 7 Bankruptcy and it is discharged. Her name is still on an account (home equity loan) with my husband and we are paying on it monthly. He had to file Bankruptcy (Ch. 13) because of her. Do we have any recourse as to her responsibility for the bankruptcy? Thank you!

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Thomas Vogele & Associates, APC | Thomas A. Vogele
It all comes down to her petition and whether she scheduled this obligation. If she did, it was discharged when she completed her bankruptcy and that means she cannot be held liable on it. On the other hand, if she omitted it for some reason, you can seek to hold her liable as a co-debtor. Keep in mind, however, that she might then run back into court and try to reopen her case to schedule this debt to discharge it. Good luck.
Answer Applies to: California
Replied: 6/29/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
The answer depends upon the Separation Agreement and the details regarding the division of assets and debts, and whether or not there is a "hold harmless" clause included in the agreement. BUT if he has the right to recover from her, then that is a potential asset that must have been disclosed in his own chapter 13 bankruptcy case. He really should discuss these questions with his chapter 13 lawyer.
Answer Applies to: Colorado
Replied: 6/29/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Ask his divorce lawyer. Someone has to review the entire divorce file. Trying to answer this question is like calling a doctor on the phone (whom you have never met) and asking her this question: "Hey Doc, you don't me, but I'm having a couple of headaches a day - do I have to worry about anything?" I think you get my drift. Again, an experienced lawyer would have to review the entire divorce file to properly advise you. Good luck!
Answer Applies to: Colorado
Replied: 6/29/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, you can not sue her. As to her the debt is discharged.
Answer Applies to: California
Replied: 6/29/2015
Stephens Gourley & Bywater | David A. Stephens
Not unless you would have relief under the divorce decree between them.
Answer Applies to: Nevada
Replied: 6/29/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Unless there is a specific provision in their divorce/dissolution agreement concerning this loan, there is no recourse by a co-debtor against someone who filed bankruptcy. Her name might be on the account, but she's no longer liable on the debt.
    Answer Applies to: Ohio
    Replied: 6/29/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: consult an experienced bankruptcy attorney in your area. That said, the general rule is that obligations assigned to a divorcing spouse in family court are NOT dischargeable in that spouse's bankruptcy. She has probably discharged her obligation on the mortgage note in her Ch. 7, but she cannot be rid of the lien of the mortgage on her property. Your husband's Ch. 13 probably protected him from being charged with her debts, however. There are too many details to review to be certain, and this website is not tailored to extensive legal advice. Consult an experienced BR lawyer, who should be able to get hold of all her BR papers, and can review all the facts with you in detail.
    Answer Applies to: Wisconsin
    Replied: 6/29/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Did she owe him money as a result of alimony or child support? Was her obligation in the divorce to pay certain debts made in lieu of alimony or child support from her to your spouse? Sure would have helped if you provided more details. Typically in these circumstances, if they made the debt together, they both are legally responsible and if one eliminates the obligation to pay, the bankruptcy discharge prevents the former spouse from suing to collect on the debts that were discharged. I would suggest that your husband discuss this with his bankruptcy attorney but I suspect he already has done this and that you are not satisfied with the answer.
    Answer Applies to: Nevada
    Replied: 6/29/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    That would be a no.
    Answer Applies to: California
    Replied: 8/27/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, she is entitled to file bankruptcy to discharge her debt.
    Answer Applies to: New York
    Replied: 6/29/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Generally, responsibility for a home equity loan would be discharged in bankruptcy. Now that the ex has received her discharge, it is very unlikely that you could challenge it.
    Answer Applies to: Oregon
    Replied: 6/29/2015
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    That would depend on what the Property Settlement in the Divorce states as to who is responsible for same. Also, did you file an adversary proceeding objecting to the Discharge of her debts.
    Answer Applies to: New Jersey
    Replied: 6/29/2015
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