If I filed for divorce soon after my ex-husband filed for bankruptcy, am I protected from the creditors? 21 Answers as of August 31, 2015

If I filed for divorce soon after my ex-husband filed for bankruptcy, am I protected from the creditors?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Maybe yes, and maybe no. Pay an experienced BK attorney for an hour of their time to explain everything to you. They will review your husband's BK filing from the computer in their office.
Answer Applies to: Colorado
Replied: 4/29/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You are not protected unless you file for bankruptcy. He is the only one protected.
Answer Applies to: New York
Replied: 4/29/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
If there are debts that were in joint name then the creditors will very likely come after you for payment. If the debts were in his name only then the creditors should leave you alone.
Answer Applies to: Colorado
Replied: 4/29/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Not if you personally guaranteed, or incurred, any of the debt.. A divorce action does nothing to stop your creditors from pursuing their rights.
Answer Applies to: Michigan
Replied: 4/28/2015
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
NO, The divorce will not protect you from creditors. You need to consult with an attorney immediately; otherwise, you may end up solely responsible for much of the debt.
Answer Applies to: Florida
Replied: 4/27/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    He will get a discharge and then they will come looking for you to pay. You may have to file as well.
    Answer Applies to: California
    Replied: 4/27/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It depends on the chapter under which he filed. In Chapter 13, there is a co-debtor stay, which remains in effect if the debtor submits and the court confirms a Plan which provides for 100% payment to the creditors who have a claim on the co-debtor. This is not often feasible. A debt which could be assigned to the bankruptcy debtor, or which is assigned to him by the divorce court, is generally not discharged in the bankruptcy under Chapter 7. Some lawyers think it is discharged in Ch. 13; others disagree. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/27/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Creditors are entitled to seek reimbursement from either spouse for debts that were acquired during the course of the marriage. Please meet with an experienced family law attorney to explore your options.
    Answer Applies to: California
    Replied: 4/27/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    The best person to answer your question would be an attorney who specializes in Bankruptcy matters. Good luck.
    Answer Applies to: Florida
    Replied: 4/24/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Divorce doesn't protect you from a spouse's creditors. If you were jointly liable on the debt before the divorce, you'll still be liable on the debt. If you weren't liable on the debt, divorce probably won't make you liable.
    Answer Applies to: Ohio
    Replied: 4/24/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    If for example you have joint credit cards, in other words you are each co-debtors on the particular account, then as far as the creditor is concerned each of you is 100% responsible. Except if he got a discharge, now it is all on you. You are not protected unless you get a discharge in BK as well as to those particular joint accounts. There may also be other types of joint debt: income taxes, medical bills for children (as both parents are responsible), etc. If you are talking about separate credit cards or credit cards where you were an "authorized user" only, then you're not responsible for paying those accounts as far as the creditor is concerned. Sometimes in a divorce proceeding, the divorce order will say that one spouse must pay certain debts. If ex-husband debts were discharged, then there is nothing to pay. If there are joint accounts, as listed in the first paragraph, then you may (this just depends on other facts) be able to get a divorce order stating that ex-spouse must pay that debt or some portion of that debt, even if it has been discharged in his BK. Divorce, usually means increased living expenses since you're splitting up households and doubling some expenses so it's not uncommon for individuals to file BK before or after a divorce. I've handled it both ways, with some couples deciding to file together (2 for 1) prior to obtaining a divorce just to wipe off the slate so that they can use their income resources on more important things, like taking care of each other and/or their kids, rather than old credit card bills.
    Answer Applies to: California
    Replied: 4/24/2015
    John Russo | John Russo
    Not on jointly held debt.
    Answer Applies to: Rhode Island
    Replied: 4/23/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You still owe all joint and individual creditors, his automatic stay does not apply to you. Engage an attorney.
    Answer Applies to: Michigan
    Replied: 4/23/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That would be a no.
    Answer Applies to: New York
    Replied: 8/31/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This is a very general question and not enough facts. You need to have detailed consultations with an experienced family law attorney and maybe even a bankruptcy attorney so they can get all if the relevant facts and advise you competently.
    Answer Applies to: Georgia
    Replied: 4/23/2015
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