Could my husband’s creditors pursue me after filing bankruptcy after a divorce? 8 Answers as of July 02, 2015

I'm currently protected under the "stay" since we are still married. Can the creditors come after me once we divorce, even though he is paying a monthly amount for the next 60 months?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sounds like he is in ch13. If he does not pay them 100% while he is in bankruptcy, they will come after you when his case is done.
Answer Applies to: California
Replied: 7/2/2015
Stephens Gourley & Bywater | David A. Stephens
If you are a consigner on the debts they can chase you even though you get divorced once his bankruptcy is completed, unless they are paid in full.
Answer Applies to: Nevada
Replied: 7/2/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you did not file bankruptcy then yes they can go after you once he is completed with his bankruptcy.
Answer Applies to: New York
Replied: 7/1/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It's not clear if you have filed a joint case with your husband or not (since in ch. 13 cases a co-obligor is protected by the stay as well as the main debtor). If you are in a joint case (which is generally the best way to do it) then the discharge will protect both of you. If you are not a joint filer with him, and you live in a marital property or community property state, it is hard for creditors to try to collect from you, but not impossible. However most creditors are not sufficiently motivated to try, especially if you invoke the protections of sections 524 and 541 of the Bankruptcy Code. If you do not live in a marital property state, creditors could pursue you if you do not get your own bankruptcy discharge. Best bet: consult an experienced bankruptcy lawyer in your jurisdiction. It may be that you or your husband or both of you already have a lawyer. If so, ask him or her your question in detail. If you do not have a lawyer, it's usually worth it to retain one.
Answer Applies to: Wisconsin
Replied: 7/1/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
The co-debtor stay lasts as long as the bankruptcy case remains open. Whether the creditor might pursue collection at the end of the bankruptcy will depend on how the bankruptcy turns out and the nature of the debt, which you have not mentioned.
Answer Applies to: Nevada
Replied: 7/1/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Your husband's creditors can't ever come after you for his debts. If you have a joint debt, they can't pursue you during the 60 months of his Chapter 13 but after the 60 months you'll be liable if he does pay the debt completely.
    Answer Applies to: Ohio
    Replied: 7/1/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your husband's creditors cannot pursue you unless the debt is joint and you are also a responsible party. If there were debts that the divorce decree assigned to him to pay but that you are a joint borrower on, then you will remain responsible for payment of the remaining balance after his chapter 13 bankruptcy plan has been completed.
    Answer Applies to: Colorado
    Replied: 6/30/2015
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes and no. Offer to pay your husband's BK attorney for an hour of his or her time. Meet with them and ask all your questions. Good luck!
    Answer Applies to: Colorado
    Replied: 6/30/2015
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