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???
2007-03-27 03:56:01 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I am in Arkansas it might be different, but here if you file bankruptcy on a joint account of any kind that person is notified and has the oppurtunity to come to court and contest the bankruptcy if it is the same there he had the oppurtunity. It sounds like he is trying to scare you. My ex did the same thing when we were going through it. Ever other day he would be calling about some new threat. The best advice I ever got was to just not talk to him. Tell him all of the talking will be done in court. This is hard I know but it works. Good luck, I know what you are going through.
2007-03-27 04:05:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
In a community property state, all debts accumulated during marriage, meaning prior to divorce or papers being legally filed, each of the spouses is responsible for 50% of all accumulated debt. Ex being creditor???? this is pretty out there. But this is in my state and probably varies by individual place of residence, marriage or filing. If you have atty handling divorce, she/he will have answer for you on this.
2007-03-27 04:15:21 · answer #2 · answered by Denise D 2 · 0⤊ 0⤋
I think you are still responsible for have of the marital debts. Why wernt any of those debts included in the bankruptcy filing? If the judge determines that those debts are included in any dissolution of debts and assets then you will be responsible for paying half. Why would you want to be dishonest and avoid paying your half anyway? Be happy you are free of the relationship if it couldnt be worked out. But pay for the debts you are responsible for incurring
2007-03-27 04:05:12 · answer #3 · answered by Devdude 5 · 2⤊ 1⤋
The trick's on both of you if you filed after October 17, 2005
Liabilities arising from divorce in the nature of support/alimony just are not dischargeable at all. In addition, these obligations, "domestic support obligations" are entitled to first priority payments from any assets in your estate. Even property settlements are not dischargeable in almost all cases, although they are entitled to lower priority.
2007-03-27 14:28:37 · answer #4 · answered by DLeibowitz 5 · 0⤊ 0⤋
if he accumulated those debts after you seperated then he is soley responsible and you can also include that in your divorce papers that state i will not be resposible for such and such debt in the amount of etc.
2007-03-27 04:09:36 · answer #5 · answered by Mary O 6 · 1⤊ 1⤋
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2016-10-20 13:11:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
he cannot collect from you on debt the both of you accumulated. he is out of luck.
2007-03-27 04:15:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you need good advice from a lawyer or a paralegal.
2007-03-27 04:07:17 · answer #8 · answered by Anonymous · 2⤊ 0⤋
He is trying to trick you.
2007-03-27 03:59:15 · answer #9 · answered by Anonymous · 1⤊ 2⤋