Do I have to pay my wife after filing for bankruptcy? 14 Answers as of July 11, 2013

After my divorce in 2003, i filed bankruptcy on my truck. The bank went after my ex-wife to pay the remainder of the loan which was 8,000.00. now, in 2009,she is asking to be reimbursed. Am i obligated to pay her even if the truck was discharged in my bankruptcy?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Look at your divorce decree to see where the responsibility was assigned
Answer Applies to: Washington
Replied: 7/14/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It depends. What does the judgement in the dissolution of marriage action say? If there is a "hold harmless clause" you may have to pay her. Contact a lawyer. Bring the dissolution of marriage paper when you go.
Answer Applies to: California
Replied: 7/5/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Depends on how the order was written. If it was just for the truck no, but if it was for her, yes.
Answer Applies to: California
Replied: 7/5/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Generally debts arising out of a divorce decree are not dischargeable. I am happy to discuss these and any other issues you have. Please call to schedule a free consultation.
Answer Applies to: Georgia
Replied: 7/5/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If under the divorce decree, you are obligated to pay, then you will have to pay or reimburse irrespective of the bankruptcy.
Answer Applies to: Indiana
Replied: 7/4/2013
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No, unless the court ordered yo to pay it in your divorce.
    Answer Applies to: Virginia
    Replied: 7/4/2013
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A divorce order in which one spouse has to pay for a debt is enforceable in spite of bankruptcy.
    Answer Applies to: California
    Replied: 7/5/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    If your divorce decree states that you were to hold your wife harmless for the truck debt then you will still be liable to her after a Chapter 7 discharge (although usually not if you receive a Chapter 13 discharge).
    Answer Applies to: Colorado
    Replied: 7/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    If the dissolution judgment or marital settlement agreement provided that you got the truck and the loan on it, then that obligation is not dischargeable in bankruptcy, so you will have to pay her.
    Answer Applies to: California
    Replied: 7/5/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Depends on whether you were obligated to make the truck payments and hold her harmless in e divorce decree.
    Answer Applies to: California
    Replied: 7/11/2013
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    Your question also involves Family Law. As between you and your former spouse, if you were awarded the vehicle and ordered to pay the loan in the divorce, typically you are also ordered to indemnify and hold your former spouse harmless against any losses she suffers because the bank collected from her to pay a debt that you were supposed to pay. So, if your former spouse actually paid the debt, then she can ask the divorce court to order that you reimburse her. Remember, if you and your spouse are jointly responsible for a debt, she is not relieved of her obligation to pay just because you agreed (or were ordered) to pay the debt in the divorce. If you don't pay, the creditor can still come after your spouse for payment. Turning to the bankruptcy part of your question, under 11 U.S.C. section 523(a)(15), any debt owing to a former spouse incurred in connection with a separation agreement, divorce decree or other court order is not dischargeable in Bankruptcy proceedings. So, it could be that you discharged your personal obligation to the bank, but not the obligation owing to your former spouse if it is determined to be "incurred in connection with a divorce decree". The area of dischargeability of marital-related debts is evolving and the full effect of the relevant bankruptcy statutes is not always clear. The answer to your question may depend on the specific language of your property division settlement. I recommend that you contact an attorney who is knowledgeable in both family law and bankruptcy law proceedings for specific advice.
    Answer Applies to: California
    Replied: 7/1/2011
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    No, you'll be cleared from that debt. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 7/1/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, if the obligation to pay her is (or was) ordered by the family law court and your bankruptcy was a chapter 7 case.
    Answer Applies to: California
    Replied: 7/11/2013
    Evan M. Altman Attorney at Law
    Evan M. Altman Attorney at Law | Evan M. Altman
    If the divorce decree says that you are obligated to your wife to take care of the truck, then you may have to pay her back.
    Answer Applies to: Georgia
    Replied: 7/1/2011
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