If my now ex-wife filed Chapter 7 during our divorce and the creditors are now after me for all marital debt, what are my rights?

UPDATED: Nov 16, 2010

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If my now ex-wife filed Chapter 7 during our divorce and the creditors are now after me for all marital debt, what are my rights?

I can’t file because it will jeopardize my current job.

Asked on November 16, 2010 under Bankruptcy Law, Wisconsin


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

Answered 12 years ago | Contributor

Although I can ask how the debt was divided as per your divorce decree, the reality is that the debt that you incurred during the marriage was joint and you are jointly and severally liable fr it all.  In other words, you are going to be held accountable for the entire amount.  I think that you may need to consider debt consolidation and trying to pay it off if there is no way that you can discharge the debt.  She discharged her portion of the debt which seems unfair but a reality.  And here you are stuck holding the bag, so to speak.  Get some help.  Maybe the matter can be negotiated.  Good luck. 

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