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Can you be sued for a debt that was given to your ex in the divorce if he has taken bankruptcy?
Wiki User
∙ 8y ago
Debts cannot be "given" to anyone else. There are no events, contracts or agreements which supercede any other contract. If you and your ex opened accounts that you were jointly liable for, no divorce decree can remove that liability. The only way to do that is to pay off the loan in full, or refinance it, which has the same effect.
Compare this scenario to a business partnership which has dissolved. If you and your partner have joint debts for which you are both personal guarantors, and you leave the business, your former partner files bankruptcy, you (as the remaining non-bankrupt personal guarantor) have complete liability for the debt.
The same is true for ex-spouses. If your ex-husband or wife files bankruptcy and is discharged from their liability on the debt, any other person with liability becomes solely responsible for repaying the debt in full. This applies not only to an ex-spouse, but also to any other person, family member or friend that may have been joint on an account with the bankruptee.
Wiki User
∙ 8y ago
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Can you file bankruptcy against a divorce order in North Carolina?
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
What does pending bankruptcy mean when trying to collect on a debt?
Bankruptcy Means Test and Household Size With a Pending Divorce .
Are you liable for debt cancelled in bankruptcy?
No you are not, If you deglared bankruptcy, that cancels your debt
If judge ordered your ex to pay a credit card debt because he incurred the debt after the divorce was filed how do you get it taken off of your credit report in Arizona?
Marital status has no bearing on liability, neither does what a divorce judge says or when the debt was incurred. Any account holder on a joint account is liable for the balance due, regardless of any other legal action (like a divorce). Such an account cannot "be taken off of your credit report". You are liable for the money because you signed a contract. The only way to get rid of the debt is to pay it (and close the joint account), or discharge it in bankruptcy (if possible). You may be able to take your ex to court for violating the terms of the divorce decree, but that would have no affect on your credit.
What has the author Leonard Ullian written?
Leonard Ullian has written: 'Divorce' -- subject(s): Divorce, Law and legislation, Popular works 'In debt? Help is on the way' -- subject(s): Popular works, Bankruptcy
Where can one get help for credit card debt bankruptcy?
There are many places where one can get help for credit and debt bankruptcy. For example, Debt Advisors Scotland, Consumer Information and Total Bankruptcy.
What does the term 'corporate bankruptcy filing' mean?
Corporate Bankruptcy Filing is the name given to the process when a business becomes insolvent and unable to meet their debt commitments. This is in contrast to personal bankruptcy where an individual becomes insolvent.
If your ex files bankruptcy on a joint credit card they were court ordered to pay is there anything you can do to protect your credit?
No. Creditors do not care about divorce settlements concerning joint debts. The person not filing the bankruptcy will be held responsible for repaying any joint debt that was incurred during the marriage. The only protection for the ex-spouse is filing his/her own bankruptcy if they cannot pay the debt.
Will you get a 1099 for debt discharged in Chap 7 bankruptcy?
No. Unlike some non-bankruptcy situations, debt wiped out in bankruptcy (any chapter) is NOT income to the debtor.
Is child support taken during a bankruptcy?
In general, bankruptcy stops debt collection, at least temporarily. However, child support debts are not discharged in bankruptcy - the bankrupt person still owes whatever support was ordered by the court(s).
Are all debts automatically discharge in chapter 7 bankruptcy for a bankruptcy that occurred in 1988?
If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.
Can you file bankruptcy on a truck repo past due loan?
No, if you mean, can you single out this debt to "file bankruptcy on." You file bankruptcy on ALL your creditors. You don't get to pick and choose. But you can certainly include such a debt in bankruptcy.
