What will happen in our divorce if I filed for bankruptcy when separated? 3 Answers as of March 03, 2011

I separated 2 years ago from my husband and filed bankruptcy. The mortgage and home equity loans were discharged in my bankruptcy and have been excused. I have filed divorce and the divorce mediator said that my husband is consulting with an attorney and is going to sue me for $200,000 of debt that he still owes on. He owes on the mortgage and the 2nd mortgage/home equity which were all excused in my bankruptcy.

Can he possibly sue me in divorce court for the debts that he still owes on the house? There were lines of credit used from the equity in the mortgage and the 2nd on the house that were invested into our two businesses, home improvements and some personal spending a 4-5 years ago prior to our separation. My business is no longer in operation.

Thank you for your time in reading my question.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Relax. your ex can not sue you for debts discharged in bankruptcy.
Answer Applies to: California
Replied: 3/3/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
This is a very complex issue and still not fully settled in divorce courts. Bottom line is that if you filed for bankruptcy and he is keeping the home, you should not owe him any money.
Answer Applies to: California
Replied: 3/3/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your bankruptcy was granted (I assume a Chapter 7), your debts should all have been discharged, not only to the lenders, but to your husband as well.

There may be substantial sanctions that can be imposed by the Bankruptcy Court against your husband (you would need to consult a Bankruptcy attorney to seek such sanctions) if your husband sues you for debts that were discharged.

It would be a good idea for you to consult a Bankruptcy attorney regarding your situation.
Answer Applies to: California
Replied: 3/3/2011
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