Bankruptcy Double Jeopardy? Can my ex-spouse be sued over one of my debts?

Question

I filed personal bankruptcy after a number of business & personal debts got out of control. My ex decided he was going to have to file bankruptcy because some of the debts were under both of our names. The problem here is that one of my debts (a loan made to me by a person) was on my bankruptcy filing. My ex's atty made the error of obtaining a copy of my filing and then going off of it as a means to make a list of creditors for my ex. One of the people the atty listed on my ex's filing was actually someone who was a creditor of mine and not his. The person who made the loan to me said that since she never tried to stop my bankruptcy from being discharged to recoup her money, she was now going to go after my ex since his bankruptcy has not been discharged. This "creditor" would never have pursued my ex if my ex's atty had not made the mistake of listing her as a creditor. Can my ex's atty simply remove her as a creditor since and stop any claim she might have against my ex?

Answer 1

If he was a joint holder of the account this is perfectly legal...the creditor is giving themselves too much credit though. Most judges will still discharge the debt anyway, it just holds up the procedings a bit while they investigate it. Make sure you provide your ex with proof the debt was discharged in your bankruptcy and if he was not part of the original debt provide proof of that (even if it is only a written affidavid from you saying you testify the debt was yours alone).

Answer 2

If you live in a community property state (most are) then your loans are considered his as well as your assets. So if you were both married at the time of your bankruptcy, then it removes your responsibility for the loans, but as a spouse in a CP state he still has responsibility.

The tricky part is was a legal division of debts made at the divorce? Most of the time, there is simply an agreement that one spouse will be responsible for some debt, and the other spouse other debtsm, with maybe a few accounts still being shared by both.

The trouble is, these are only guidelines from the divorce, and not legally binding on the lenders. They still have everyright to hold both spouses liable for the debt.

In this case, even though the lender originally only had you identified for the loan, when they found out about the loan, and if the loan was in force prior to the divorce, then they have the right to go after the ex.

The only way they legally couldn't, is if the debt initially occured after the divorce. In that case, the ex's lawyer should be able to point out that the listing on the divorce was merely a paperwork mistake, and should be removed by the administrator.

Hope this helps.

Answer 3

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RE Bankruptcy Double Jeopardy? Can my ex-spouse be sued over one of my debts?

I filed personal bankruptcy after a number of business & personal debts got out of control. My ex decided he was going to have to file bankruptcy because some of the debts were ...show more

Answer 4

If the creditor was for a loan personal to you and not him, the creditor does not belong on his bankruptcy.

As far as whether or not your debt to them is discharged by the bankruptcy, it depends on whether or not they had notice of the bankruptcy, which it sounds like they did.