If one of my debts still has my ex-wife listed on loan and our decree, I am required to pay this debt, can I file and not include this it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If one of my debts still has my ex-wife listed on loan and our decree, I am required to pay this debt, can I file and not include this it?
Asked on May 7, 2012 under Bankruptcy Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Even though many spouses think that a divorce decree settles the finances of a divorce, it often does not. The creditor was not a party to the divorce, and as such will not care what the divorce decree says. If either of your names was on the debt during the marriage, then the creditor can legally go after either one of you to collect. If you have to pay on a debt because your ex-wife fails to pay her court-ordered obligation, you could file a motion to enforce or recoup the amount you paid. If you file for bankruptcy, you are required to list every debt. Failure to list certain debts can create problems in the filing of your bankruptcy. Make sure that your bankruptcy attorney gets a copyof the divorce decree so that they can help you resolve the debt either through the divorce court or bankruptcy court.
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.