What to do if my soon-to-be ex has just filed bankrupcy and listed me as a creditor?

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What to do if my soon-to-be ex has just filed bankrupcy and listed me as a creditor?

He is also trying to get 1/2 of our martial assests including 1/2 of my 401K. With his filing of bankrupcy he is leaving me with all the dept we have including of the house, 2nd mortage, credit cards and 2 kids no child support an more. Can he legally get 1/2 of my 401K or assest with listing me as one of his bankruptcy creditors?

Asked on December 17, 2012 under Bankruptcy Law, Indiana

Answers:

Eric C. Redman / Redman Ludwig, P.C.

Answered 9 years ago | Contributor

the divorce court(not BK court) is where he can get part of your assets.  if he gets assets then those are in his bankruptcy for his creditors to get potentially.  he can discharge the debts to creditors in his bankruptcy, but the divorce court can order him to pay debts and hold you harmless from them.  you need to consult a lawyer for details


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