Divorce/Bankruptcy-law savvy guys and girls, can you help?

Question

First, the basics: I got married in Alabama, and now live in Georgia. I have been married for 4 years, and separated for two of those awful years. One year after we separated, I filed chapter 7 bankruptcy, which has recently been discharged. We are in the process of drawing up divorce papers, however, my soon to be Ex claims that because I did not include himself as one of my creditors in my bankruptcy, that he could try to collect the debt that we have accumulated together over the years, which he now is solely responsible for. Is it true that, even though I filed bankruptcy, that I still owe him for half of our bills, or is he trying to trick me???

Answer 1

A lot depends on when you filed. If you filed before October 17, 2005, you may have discharged these debts - especially if they were in the nature of a property settlement. If you filed after October 17, 2005, the law changed and you might not have. You need to consult with a lawyer who knows both bankruptcy and divorce law.

I disagree with the first poster - you have to list all debts, whether liquidated, contingent or disputed on your bankruptcy petition. However, if your case was a "no-asset" case, debts to all creditors, including your ex might be discharged. If your ex knew about your bankruptcy petition at the time and could have filed a complaint to determine dischargeability of debt, then the debts might be discharged.

This answer depends on your having filed under the law prior to October 17, 2005. Otherwise, the chances of the debt being discharged are very remote.

Answer 2

First he is not entitled to be listed as a creditor in your bankruptcy petition. The reason for this is most states have laws stating all assets, money and debts are community property. The bad news for you is you may be liable for half of those debts. You need to put in your divorce papers what is called a hold harmless clause. ask that this hold harmless clause be dated from the time of seperation not the actual divorce date. A hold harmless clause protects you from incurring debt your husband may have incurred during the seperation process. You are liable for any debts you incurred. You must precisely list all the debts you want to be held harmless from in the divorce petition and decree. You may include a line that states any unknown debt or debt that can be proven to be his. You are liable only for debt during the marriage not before. A judge though may decide not to grant you the hold harmless option during the period of seperation. You need to clearly prove you lived independenty with seperate incomes and liabilities during this time. Include the hold harmless clause from the period of divorce though to protect your own credit in the event he would abuse your identity or credit after the divorce or in the event of credit report errors and confusion. You will most likely be responsable for half of the debt incurred during marriage that was not paid, included in the bankruptcy or discharged under bankruptcy. You will need to contest the divorce action to do this and do not sign as a co petitioner or enjoinder the divroce action. Doing so states that you are both in agreement. Contesting the divorce does not stop the divorce it only gives you the opportunity to challenge the clauses you are not in agreement such as distribution of debt.

Answer 3

Try the sites below for research on these issues. Make sure to change the location/state in which you reside. Hope this helps.