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maurissastar

Ex-Spouse's Bankruptcy

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My partner's ex-wife filed Chapter 7 bankruptcy last year and listed all joint accounts going back many, many years (at least 10-15). What is his responsibility for these accounts? If these debts were discharged in her bankruptcy, can they continue to go after him for the balance of the acconts?

Maurissa

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http://www.creditinfocenter.com/divorce/divorcedecrees.shtml

http://www.creditinfocenter.com/divorce/protectcredit.shtml

Read up on both of these - to get a broader picture of what this involves.

But yes, he is still responsible for the debt, they can come after him, now if these accounts where included in divorce decree going to the other person... he may have legal means to sue in court for her breach of the divorce decree.

Very important to check the bankruptcy which she filed, to make sure he was not listed as a person included in the bankruptcy - if that is the case then he is out of luck on suing her.

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Thanks for the reply and the links - I found the articles after I posted the question. He has no desire to sue her - they remain friends. We just get calls here all the time asking for her. And thought there was a chance he could get out of it ....

Maurissa

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If it is her debt, might he breach the subject with her, and meet her part way on helping pay this down and negotiate for removal on the credit report... that might motivate her to do something about this matter.

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A twist on this worth noting. Was your partner included in his wife's bankruptcy as a creditor ?? If so, then there's absolutely no way he can go after her for having to pay debts discharged in her bankruptcy.

Federal Court trumps state in this case. Creditors don't care about divorce decrees. If his name was joint on the account, then the creditors can and will go after him for payment. This is why so many divorces also end with BOTH parties in bankruptcy. The state court will not be able to make her pay anything on a discharged debt.

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