Does a bankruptcy supersede a divorce decree?

My ex-wife and I had a home equity loan on our home. She currently has possession of the home. About 3 years ago, I filed bankruptcy which included the equity loan on the home. However the divorce decree states it is to be split equally. I no longer pay on the loan as it was discharged in my bankruptcy. She is now stating that she is going to sue me for my part of the loan because they are now coming after her for the entire payment. Should I still have to pay my half?

Asked on April 1, 2015 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, she may infact be able to sue you based upon the contract you signed with her - the Stipulation of Settlement. I would take your documents to an attorney to review on your behalf.  The law may in fact continue to hold you liable to her even though it let you off the hook with the bank. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.