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A bankruptcy
case filed by a consumer is done by an individual or by a married couple. If
you are divorced and have filed for bankruptcy or if your ex-spouse is filing
bankruptcy, be sure to watch for these things:
•
Not all of the debts you were ordered to
pay in the divorce are debts you can eliminate through bankruptcy. For
instance, child support payments must still be made even if you file bankruptcy.
•
Your ex-spouse will be considered one of
your creditors when you file bankruptcy if you were ordered to make payments to
them directly in your divorce. This means anything you owe your ex can be
challenged by them in your bankruptcy case.
Perhaps one of the most important ways divorce and
bankruptcy interact is that if you are not the one to file bankruptcy, you will
be the only one left the creditors can call for repayment. If you have joint
debt it will not matter to the lender that your spouse was ordered to repay it
in the divorce if your ex files for bankruptcy. The lender is not a party to
your divorce proceeding and any order about who is responsible for repayment of
debt does not impact the creditor. In the eyes of the bank both parties are
still just as responsible for the debt after the divorce as they were the day
the loan papers were signed. So when your ex files bankruptcy and joint debt
remains unpaid, the lender can come after you to collect. There are solutions
to this problem, and to find out what you can do in this type of situation,
call us for help.
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