What can I do if in the divorce, it specifically states that I was to be held harmless from a debt my ex-husband occurred then he filed bankruptcy? 15 Answers as of January 31, 2017

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
It would have to be litigated in the Bankruptcy proceeding; all financial obligations between husband and wife in the nature of support and property distribution should be non-dischargeable in bankruptcy; but you should specifically inquire with a bankruptcy attorney.
Answer Applies to: New York
Replied: 1/31/2017
Eric Johnson
Eric Johnson | Eric Johnson
This is an excellent question because it's an all too common problem.
Answer Applies to: Utah
Replied: 1/25/2017
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
If any of the creditors come after you, you have a basis to go to court to have the court order him to pay.
Answer Applies to: Washington
Replied: 1/24/2017
Peyton and Associates | Barbara Peyton
File a motion with the court to have the debt revitalized. He still owes you whatever the creditor tries to collect from you.
Answer Applies to: California
Replied: 1/24/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Meet with a lawyer so he or she can review your divorce file. You will have to pay for one or two hours of the attorney's time. Do not be penny wise and pound foolish.
Answer Applies to: Colorado
Replied: 1/24/2017
    Ronald K. Nims LLC | Ronald K. Nims
    Bankruptcy discharges your ex from certain types of debt. Usually this includes credit cards and similar debts but not child support or alimony. You should have a bankruptcy attorney read the divorce decree and advise you.
    Answer Applies to: Ohio
    Replied: 1/24/2017
    S. Joseph Schramm | Joseph Schramm
    If the debt is a joint obligation and if the creditors were to pursue you, you would have to seek reimbursement from him under the terms of your agreement.
    Answer Applies to: Pennsylvania
    Replied: 1/24/2017
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    The divorce language takes precedence over the bankruptcy.
    Answer Applies to: Connecticut
    Replied: 1/24/2017
    Law Office of Robert E McCall | Robert McCall
    File a Motion to Enforce the Final Judgment with the divorce judge.
    Answer Applies to: Florida
    Replied: 1/24/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You have to look at the judgement issued in the divorce case. If the payment of the credit card debt was a form of support, he owes you. If it does not mention support, you are out of luck. Have a lawyer look at your judgement.
    Answer Applies to: California
    Replied: 1/23/2017
    Stephens Gourley & Bywater | David A. Stephens
    You can file a proof of claim in his bankruptcy or get a lift of stay to take him back to family court for failing to hold you harmless, or both.
    Answer Applies to: Nevada
    Replied: 1/23/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Sure would help if you had specified whether he filed Chapter 7 or Chapter 13. With Chapter 13, there is little or nothing you can do.
    Answer Applies to: Nevada
    Replied: 1/23/2017
    Garner Law Office
    Garner Law Office | Daniel Garner
    Find an attorney who can file a claim or an objection in your ex-husband's bankruptcy case. You can assert that the debt he owes to you is not dischargeable.
    Answer Applies to: Oregon
    Replied: 1/23/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It means that he has to pay the debt. a debt of that sort is not dischargeable in bankruptcy. But neither he nor his lawyer may know it. It would be a good idea to consult your divorce lawyer or some other lawyer well informed about bankruptcy to see if you need to start an adversary proceeding in the bankruptcy court. But one way or the other, that debt will probably stick with him.
    Answer Applies to: Wisconsin
    Replied: 1/23/2017
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    If the debt was a joint debt, i.e. you signed the note or were a joint debtor, you remain liable for the debt. The domestic relations court's order relates to the parties to the divorce. You may have a contempt action against your ex-husband, however that order does not reach to the creditor who is owed the money. He has discharged the debt in the bankruptcy and now the creditor is looking to you. Your recourse is against your ex-husband. The creditor is within its rights to come after you IF you were a signer or co-borrower at the time the debt was incurred.
    Answer Applies to: Kentucky
    Replied: 1/23/2017
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney