Can my husband’s creditors pursue me after filing bankruptcy after a divorce? 15 Answers as of February 20, 2012

While he is in a 13, there is a co-debtor stay. The real question is what is your liability? If you are simply liable because of a community obligation, the dissolution terminates that, except to formerly community property. If you are individually liable, his discharge will not affect you.

One spouse's discharge in bankruptcy does not relieve the non-filing spouse of the responsibility of paying community property debts. However, you family law court order survives the bankruptcy. The filing spouse has to pay whatever the family court has ordered.

You are referring to the co-debtor stay in Chapter 13. The co-debtor stay is actual a protection for the debtor; it stops a creditor from putting pressure on the debtor by stopping collecting efforts against other individuals that are also liable for the same debt. So, the good news is the stay is based on you sharing a debt, not being married. Therefore, the co-debtor stay shall stay in affect as long as the Chapter 13 is open and in good standing. Be aware, however, that not all debts are affected by the co-debtor stay so you may still face some collection efforts.

If you filed with your ex prior to your divorce, then you will remain protected by the "stay" as long as the plan payments are maintained.

If your husband is in a Chapter 13 and is paying less than 100% back to your co-signed debts, then the creditors can ask for a lift of stay and pursue you if granted.

If he is paying the debt through the bankruptcy, the creditor has no reason or right to pursue you. They would have to have a valid, legal reason and go through the bankruptcy court. In other words, they can't collect from him through the bankruptcy and collect from you outside the bankruptcy.

Once the bankruptcy stay is over the creditors can pursue your separate (but not marital) assets to collect on the marital debts, even if you are still married. Once you are divorced, the creditors can pursue you to collect the debts from any of your nonexempt resources. If creditors have pursued you for marital debts, or you are concerned they may, you should consult with an attorney about the possibility of filing a bankruptcy.

No, but I would make sure he affirms responsibility for all debts in the Separation Agreement.

If he filed a chapter 13 case, there is a co-debtor stay while he is in bankruptcy. So, his creditors will not come after you during his chapter 13 but can do so after his case is done is the debts have not been fully paid.

While your husband is in a Chapter 13 repayment plan, you are protected by the co-debtor "stay." If he fails to complete the plan or the case is dismissed, your joint creditors can come after you for the debts. Moreover, if your joint debts are not paid in full through the plan, the creditors can come after you for any balance after the case is completed.